Drawing on the combined resources, experience and record of our top-ranked health law and antitrust practices, McDermott’s health antitrust lawyers provide clients with sophisticated, practical legal counsel where one of the most highly regulated, rapidly evolving industries meets one of the most complex area of law. We help hospitals, health systems and other providers identify antitrust risks and implement solutions that achieve business objectives and improve the delivery of services.
We regularly advise clients regarding the antitrust implications of provider mergers, acquisitions, joint ventures and joint operating agreements and defend those transactions before state and federal antitrust enforcement agencies. We assist clients in the development of clinical integration programs, accountable care organizations (ACOs) and other provider managed care contracting networks such as IPAs and PHOs, and the structuring of co-marketing arrangements, Medicaid collaboratives, trade associations and joint-purchasing arrangements.
We provide legal counsel on a broad range of day-to-day operations that may expose health care organizations to antitrust risks, including managed care contracts, economic credentialing, physician conflicts of interest, exclusive services agreements, purchase and use of discounted pharmaceuticals under the Non-Profit Institutions Act, integrated delivery systems, vertical integration and participation in information exchanges.
Our primary goal is to help clients avoid antitrust investigations and litigation. In so doing, we regularly develop and implement antitrust compliance plans, protocols, firewalls and training on appropriate policies and procedures. We also help clients identify and mount potential defenses and immunities, such as certificates of public advantage and joint actions to influence government policy (Noerr immunity). When investigations, civil litigation or class actions arise, our health antitrust litigators draw on their prior successes to mount a solid defense in court and before regulatory agencies.
Antitrust counsel to Mountain States Health Alliance in obtaining, over FTC staff opposition, approvals with antitrust immunity from Tennessee and Virginia for merger with Wellmont Health System
Successful representation of countless hospitals and health systems in M&A transactions with competitors
Ortho Biotech LLP v. Amgen Inc. (D. N.J.) – Defended Amgen against “bundling”/monopolization claims in a pharmaceutical products antitrust preliminary injunction action brought by Amgen’s competitor, Ortho.
Warren General Hospital v. Amgen (D.C. N.J.) – Defended Amgen in tying case based on bundled discounts, obtaining dismissal for failure to state a claim due to lack of standing for indirect purchasers, as well as finding that bundled discounting arrangement did not constitute a tying arrangement.
Marion Healthcare LLC v. Southern Illinois Healthcare, et al. (S.D. Ill.) – Defending Southern Illinois Healthcare (S.D. Ill.), the largest health system in southern Illinois, in antitrust litigation against a competing ambulatory surgery center which has alleged antitrust violations based on Southern Illinois Health’s allegedly exclusive contracts with area health insurers.
Have successfully defended numerous class action litigations filed on behalf of nurses in New York, Michigan Illinois and Texas.
Jung v. Association of Am. Med. Colleges, et al. (D. D.C.) – Successfully defended two teaching hospitals in Michigan, in a class action purportedly on behalf of medical residents across the US alleging that all teaching hospitals conspired to set medical resident stipends in violation of Sherman Act Section 1.
Mercatus Group LLC v. Lake Forest Hospital et al. (Seventh Circuit Ill.) – Successfully obtained summary judgment for Firm client Lake Forest Hospital in connection with a civil antitrust action alleging monopolization and attempted monopolization of various ancillary healthcare markets.
Defending a commercial health insurance plan in a Department of Justice investigation into its provider contracting practices.
Jackson, Tennessee Hosp. Co., LLC v. West Tennessee Healthcare, Inc. (Sixth Circuit Tenn.) – Successfully moved to dismiss a complaint by a competitor hospital alleging various federal and state antitrust violations in connection with competition in the Tennessee healthcare market.
Cyntegra v. IDEXX Laboratories (C.D. Cal.) – Obtained summary judgment for IDEXX which the Ninth Circuit affirmed in monopolization and conspiracy claims arising out of alleged exclusive dealing contracts with distributors.
Represented ProMedica Health System, the largest health system in Toledo, Ohio, in antitrust litigation with FTC and Ohio Attorney General who alleged Clayton Act violations in ProMedica’s acquisition of a formerly independent competitor, St. Luke’s Hospital, the fourth largest in Toledo.
Represented defendant Rockford Health System in the FTC’s challenge of OSF Healthcare System’s proposed acquisition of Rockford Health System. In November, 2011, the FTC sought a preliminary injunction to block the transaction and filed an administrative complaint alleging that the transaction would substantially lessen competition.
Powderly v. Blue Cross Blue Shield of South Carolina, et al. (W.D. N.C.) – Successfully defended our client, obtaining dismissal of the complaint pursuant to Federal Rule 12b(6) for failure to state a claim.