Antitrust Compliance in Healthcare Consolidations: Addressing Tension Between Antitrust and ACA Requirements
Lessons From Recent Decisions on Market Definition and Efficiency Claims
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will examine the antitrust challenges involved in healthcare consolidations, including recent government actions and litigation. The panel will offer best practices for addressing antitrust issues related to healthcare provider consolidations.
Outline
- Recent developments
- 9th Circuit’s ruling in St. Luke’s
- 6th Circuit’s ruling in ProMedica Health System
- Mass. Superior Court rejection of Partners Healthcare’s planned merger
- Other developments
- Implications for healthcare providers
- Best practices for analyzing and addressing antitrust issues in provider consolidations
Benefits
The panel will review these and other key issues:
- What should be considered when analyzing the antitrust risks in a healthcare provider transaction?
- What is the future for the efficiencies defense in a Clayton Section 7 case?
- What are the key takeaways from recent antitrust agency investigations and litigation in healthcare consolidations?
- What best practices can counsel employ to minimize the risk of government scrutiny?
Faculty

Robert F. Leibenluft
Partner
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.
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Leigh L. Oliver
Partner
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.
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