Healthcare Antitrust Challenges: Management Agreements, Joint Ventures and Ancillary Restraints

Complying with Antitrust Laws in the Ordinary Activities of Healthcare Organizations

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


Conducted on Thursday, November 20, 2014

Recorded event now available

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Program Materials

This CLE webinar will provide guidance on addressing key healthcare antitrust issues that arise in management agreements, ancillary restraints, joint venture operations, and competitor collaborations. The panel will offer best practices for antitrust compliance for healthcare systems and providers.

Description

Whether exclusive dealing clauses between hospitals and insurers or restrictive covenants, many hot-button antitrust issues lurk in ordinary activities of health systems and organizations. Antitrust challenges are not limited to mergers and ACO formation.

Issues that may seem to fly under the radar can be critical to a health organization’s antitrust compliance, especially in today’s environment of vigorous federal and state antitrust enforcement.

Healthcare systems, providers and organizations need to know when ancillary restraints may go too far and where to draw the appropriate boundaries in management agreements, to ensure antitrust compliance in everyday business activities.

Listen as our panel examines key healthcare antitrust issues that arise in management agreements, ancillary restraints, joint venture operations, and competitor collaborations. The panel will offer best practices for antitrust compliance in the healthcare marketplace .

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Outline

  1. Management agreements and appropriate boundaries
  2. Exclusivity terms and covenants not to compete
  3. Salary benchmarking and surveys
  4. Joint ventures and firewalls, staffing decisions and managing information
  5. Due diligence, competitor agreements, communications

Benefits

Our panel will review these and other important issues:

  • In competitor agreements, what information about rivals is off limits?
  • When dealing with exclusivity terms and covenants not to compete, what are the limitations?
  • What steps should counsel take to ensure antitrust compliance for healthcare organizations?

Faculty

Jeffrey W. Brennan
Jeffrey W. Brennan

Partner
McDermott Will & Emery

Mr. Brennan focuses his practice on mergers, litigation, government investigations and counseling, with extensive...  |  Read More

Ashley M. Fischer
Ashley M. Fischer

Partner
McDermott Will & Emery

Ms. Fischer's practice is transactional and counseling-based and includes representation of healthcare...  |  Read More

Stephen Wu
Stephen Wu

Partner
McDermott Will & Emery

Mr. Wu focuses his practice on antitrust litigation, defending mergers and acquisitions before antitrust enforcement...  |  Read More

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