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

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Conducted on Thursday, April 30, 2015

Recorded event now available

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Course Materials

This CLE course 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.

Description

On Feb. 10, 2015, the Ninth Circuit affirmed a lower court decision that the acquisition of a physician group by a hospital system was likely to lead to anticompetitive effects and that the purported efficiencies did not outweigh the potential for harm. The Ninth Circuit affirmed the lower court’s order requiring St. Luke’s Health System to divest the Saltzer Medical Group in St. Alphonsus Med. Ctr. v. St. Luke’s Health Sys., No. 14-35173 (9th Cir.)

On Jan. 29, 2015, a Massachusetts judge dealt another healthcare provider a blow by rejecting a deal involving the acquisition of South Shore Hospital by Partners Healthcare in Boston. Commonw. v. Partners Healthcare Sys., No. SUCV2014-02033-BLS2 (Mass. Super. Ct.). Partners subsequently announced that it would withdraw its proposal to acquire South Shore after Attorney General Maura Healey announced she would pursue a challenge to the transaction if Partners pursued the acquisition.

These recent challenges to healthcare provider consolidations demonstrate that both state and federal antitrust enforcers are closely scrutinizing both hospital consolidations and vertical acquisitions of physician groups and ancillary providers. Much can be learned from studying the record in these recent healthcare challenges.

Listen as our authoritative panel examines the recent developments in antitrust challenges to healthcare provider consolidations and the implications of those developments for both healthcare and antitrust counsel. The panel will offer guidance on addressing antitrust issues during healthcare provider consolidations.

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Outline

  1. Recent developments
    1. 9th Circuit’s ruling in St. Luke’s
    2. 6th Circuit’s ruling in ProMedica Health System
    3. Mass. Superior Court rejection of Partners Healthcare’s planned merger
    4. Other developments
  2. Implications for healthcare providers
  3. 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

Leibenluft, Robert
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

Oliver, Leigh
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

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