Antitrust Compliance in Hospital-Physician Mergers and Acquisitions

Assessing Anti-Competitiveness and Minimizing Risk of Agency Challenges

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, December 11, 2013

Recorded event now available

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Program Materials

This CLE webinar will examine the antitrust challenges involved in hospital acquisitions of physician practices, including recent enforcement actions and litigation. The panel will offer best practices for identifying and addressing antitrust risks and minimize agency scrutiny.

Description

Hospital acquisitions of physician practices continue to soar, driven by healthcare reform, reimbursement pressures, physician shortages, and capital constraints. Careful planning and execution are critical to avoid antitrust pitfalls.

As acquisitions increase, so is scrutiny by the FTC and state attorneys general. Recent examples of this include the FTC’s and Nevada Attorney General’s complaints against Renown Health of Reno regarding its physician group acquisition. The matter ended in a precedent-setting settlement.

Counsel to healthcare providers will learn a great deal from agency enforcement actions as well as lessons from recent litigation to overcome antitrust hurdles in hospital acquisitions of physician groups.

Listen as our authoritative panel examines the increasing trend in hospital acquisitions of physician groups and the corresponding agency response. The panel will discuss the lessons learned from recent enforcement and litigation and offer best practices of identifying and addressing antitrust issues during the acquisition process.

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Outline

  1. Hospital acquisitions of physician groups
    1. Increasing trend
    2. Agency response
  2. Lessons learned from recent enforcement and litigation
  3. Best practices
    1. Due diligence
    2. Structuring agreement
    3. Information sharing
    4. Integration

Benefits

The panel will review these and other key questions:

  • What effect have healthcare reform and other changes in the healthcare market had on the antitrust analysis in hospital acquisitions?
  • What have recent agency enforcement actions and litigation taught counsel about addressing antitrust risk in hospital acquisitions?
  • What best practices can counsel employ to minimize the likelihood of drawing government scrutiny?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

William E. Berlin
William E. Berlin

Principal
Ober | Kaler

Mr. Berlin devotes his practice to antitrust litigation and counseling, representing hospitals, health systems,...  |  Read More

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

John P. Wiegand
John P. Wiegand
Staff Atty.
Federal Trade Commission

Mr. Wiegand practices antitrust law, primarily in the health care and telecommunications industries. ...  |  Read More

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