Antitrust and Unfair Business Practices

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As the health care market moves toward greater integration and collaboration, a nuanced and deep understanding of potential antitrust risks is critical to addressing and minimizing such risks, as well as defending against potential antitrust challenges.  Hooper, Lundy & Bookman attorneys have extensive experience and expertise with hospital and physician group mergers and other affiliations, with financially and clinically integrated provider networks, and with a variety of provider joint ventures, and as part of our services to our clients in these transactions we provide ongoing antirust guidance and analysis. 

Health care markets are under increased scrutiny for anticompetitive conduct by federal and state antitrust authorities.  We leverage our in-depth understanding of the health care delivery system to provide clients with comprehensive health care antitrust advice and counsel.  The firm has undertaken extensive antitrust analysis in connection with a wide range of both proposed and implemented business arrangements. 

We have advised our clients extensively on issues such as the sharing of competitively sensitive information pursuant to affiliations, the assessment of potential anti-competitive and pro-competitive effects of health care transactions and the formation and operation of clinically integrated health care networks.  We have also frequently advised numerous trade associates regarding permissible activities on behalf of their members.

Our antitrust work includes preparing business advice request letters, seeking and obtaining formal and informal antitrust opinions from federal and state governments concerning provider transactions, and representing health care providers in antitrust litigation.  We also analyze whether filings with the Federal Trade Commission are required under the pre-merger notification program established by the Hart Scott Rodino Act, and where filings are required we prepare notifications and shepherd health care transactions through the review process.  At the state level, the firm has represented health care providers in class action law suits involving allegations of unfair business practices.

Our antitrust services include:

  • Federal and state regulation and compliance counseling
  • Antitrust litigation
  • Mergers and acquisitions
  • Clinical integration
  • Competitor collaborations
  • Federal Trade Commission business advice request letters
  • Trade association counseling
  • Government antitrust investigations
  • Hart-Scott-Rodino pre-merger notification process
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