Antitrust Compliance and Clinical Integration: Assessing Anti-Competitiveness of Collaborations, Minimizing Risk of Agency Challenges
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide healthcare counsel with an examination of the latest developments with respect to clinical integration programs, as well as the FTC and DOJ assessment processes. The panel will offer best practices for effective clinical integration while mitigating antitrust concerns.
- Antitrust overview
- Antitrust assessment of provider collaborations
- Is there sufficient financial or clinical integration?
- Will the network have market power—how does one go about determining product and geographic markets, or is that even necessary?
- Exclusive vs. non-exclusive networks
- How does one document potential cost and quality efficiencies?
- What conduct creates “red flags?”
- Addressing some common questions
- How does the network know that it is sufficiently integrated?
- When can joint negotiations begin?
- Should the network work with health plans—and if so, how?
- How important is evidence of cost or quality gains?
- Does working with a hospital raise or lower the antitrust risks?
- What if prices go up?
- Should the network seek an advisory opinion?
- And many more …
The panel will review these and other key issues:
- What are the lessons from recent cases and the FTC’s recent advisory opinions regarding clinical integration programs?
- What elements should be included in a clinically integrated provider network within the meaning of antitrust law?
- What are best practices for effective clinical integration and avoiding antitrust problems?
Saralisa C. Brau
Deputy Assistant Director, Health Care Division
Federal Trade Commission
Ms. Brau leads investigations and litigation involving alleged violations of the antitrust laws by pharmaceutical... | Read More
Ms. Brau leads investigations and litigation involving alleged violations of the antitrust laws by pharmaceutical companies, physicians, hospitals, and other health care providers. Before joining the FTC in 2005, Ms. Brau was with the law firm of McDermott Will & Emery in New York, New York, where her practice focused on antitrust counseling, antitrust civil litigation, and trade regulation matters, often for health care industry clients. She regularly represented clients before the FTC and Department of Justice in antitrust conduct, merger, and criminal investigations.Close
Robert F. Leibenluft
Hogan Lovells US
Mr. Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation... | Read More
Mr. Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation regarding antitrust issues involving hospitals, physicians, and health plans. He has worked as an attorney advisor in the FTC's Office of Policy Planning, concentrating on health and antitrust matters, and as Assistant Director for Health Care in the FTC's Bureau of Competition.Close
Leigh L. Oliver
Hogan Lovells US
Ms. Oliver's practice is devoted to antitrust law, including counseling and litigation on a wide range of legal and... | Read More
Ms. Oliver's practice is devoted to antitrust law, including counseling and litigation on a wide range of legal and policy issues relating to mergers and acquisitions, joint ventures, and competitor collaborations under federal and state antitrust laws. She has extensive experience working on government investigations into prospective and post-consummated mergers and acquisitions, coordinating all aspects of multi-jurisdictional merger reviews and investigations, and handling non-merger government investigations.Close