My colleagues Christi Braun, Rob Kidwell, and Bruce Sokler have authored a health care antitrust advisory detailing an administrative complaint and a district court complaint recently filed by the FTC to block OSF Healthcare System’s proposed acquisition of Rockford Health System. The FTC sees the merger as a rerun of the government’s successful challenge of a similar hospital merger in Rockford in 1989. While riding the coattails of those earlier decisions, the new complaint also challenges the acquisition’s impact on primary care physician services. The FTC alleges that, in Rockford, payors need two of the three hospitals in their networks and contends that the acquisition would eliminate the ability to hold prices down through playing the three hospitals off against one another. I encourage you to read the advisory, which provides further details and interesting insights on this notable health care antitrust development.
Karen S. Lovitch is a Mintz attorney who represents health care companies in regulatory, transactional, and operational matters. She advises them on health care regulations such as the Stark Law and the Clinical Laboratory Improvement Amendments of 1988.