Health Care Antitrust

Antitrust considerations have long been an important component of business decision-making in health care markets, and the Obama Administration has made clear that antitrust enforcement remains an important emphasis in the implementation of health care reform on the federal and state levels. Both the Department of Justice (DOJ) and the Federal Trade Commission (FTC) have expressed their intention to more closely examine mergers and acquisitions in health care markets, to potentially take another look at closed transactions, and to challenge perceived anticompetitive conduct more aggressively—including unilateral conduct by a single firm. Many state attorneys general also conduct active health care antitrust enforcement programs. Mintz Levin is uniquely situated to help our health care clients deal with these and any other antitrust issues that may affect their businesses.

Our health law expertise includes a significant focus on antitrust and competition issues in health care markets. We represent health industry clients in all aspects of antitrust counseling and compliance, including business planning, clinical integration, federal and state antitrust investigations, the Hart-Scott-Rodino merger approval process, joint-ventures, and antitrust litigation.

Working on behalf of hospitals, physician practice groups, pharmacy benefit managers, retail pharmacies, biotechnology and pharmaceutical companies, trade associations and insurers , we have shepherded some of the largest health care-related transactions in recent history through the antitrust review process at the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ).

Our attorneys have successfully defended clients in federal and state price fixing and monopolization investigations and in litigation arising under federal and state antitrust laws and state unfair competition laws. We have also protected our clients’ interests against the threat of class action liability through risk counseling and, when necessary, litigation.

Our antitrust experience includes:

• Representing the nation’s premier pharmacy chain in its $27 billion acquisition of a “big three” pharmacy benefits manager;
• Representing the nation’s most prestigious health care provider and hospital group, since its creation over 15 years ago, to help it make smooth and efficient acquisitions and respond effectively to government investigations;
• Serving as antitrust counsel for a leading provider of sample and assay technologies, and are currently involved in counseling and representing the company in merger and acquisition activities;
• Routinely representing physicians, hospitals, ancillary care providers, independent practice associations, physician-hospital organizations, pharmacy services administrative organizations, trade associations and insurers in all phases of investigation and litigation arising from antitrust claims and other civil statutes; and
• Counseling our clients to make effective business decisions that maximize outcomes while complying with antitrust requirements and avoiding litigation.

Additionally, members of our team frequently speak and publish on health care topics and have been recognized as “Outstanding Healthcare Antitrust Lawyers” by Nightingale’s Healthcare News.

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