Antitrust & Federal Regulatory

Health Care Antitrust

Health care markets have always been closely examined for anticompetitive conduct. As enforcement initiatives change and health care reform is implemented, it’s hard to know if your business practices, relationships, or transactions — past or present — will raise a red flag with enforcement agencies at the state or federal level. Mintz Levin focuses specifically on antitrust and competition issues in health care markets, and can help you with any antitrust issue that may affect your business.

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. We have successfully defended clients in federal and state 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.

Quick Facts

  • Health care industry focused
  • 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 US Department of Justice (DOJ)
  • Represent hospitals, physician practice groups, pharmacy benefit managers, retail pharmacies, biotechnology and pharmaceutical companies, trade associations, and insurers
  • Attorneys with experience in key positions at antitrust enforcement agencies
  • Attorneys prominently recognized for health care antitrust

Areas of Focus

  • Antitrust counseling
  • Antitrust litigation
  • Clinical integration
  • Competitor collaborations
  • Federal regulation
  • Government investigations
  • Hart-Scott-Rodino merger approval process
  • Mergers and acquisitions
  • Privacy

Rankings & Recognitions

  • Attorneys recognized by Chambers USA, Best Lawyers, and Super Lawyers
  • Nightingale’s Healthcare News: Practice Chair named “Outstanding Healthcare Antitrust Lawyer” for several years in a row

Representative Experience

  • Developed and facilitated implementation of clinical integration programs for two nationally renowned systems with academic medical centers and community hospitals.
  • Worked with three clients in preparing Pioneer ACO applications, and provide regular counseling to five of the 32 Pioneer program participants.
  • Provided antitrust and regulatory advice to Partners HealthCare related to its courtship and plan to have South Shore Hospital, a 318-bed hospital in eastern Massachusetts, merge into the Partners system. The firm filed Partners’ Hart-Scott-Rodino forms and is representing Partners in the investigation of the acquisition by the Department of Justice Antitrust Division and the Massachusetts Attorney General.
  • Serving as “deal counsel” for antitrust issues related to Partners HealthCare’s plan to merge Cooley Dickinson Hospital, a 140-bed hospital in western Massachusetts, with Massachusetts General Hospital. The firm filed both parties’ Hart-Scott-Rodino forms with the federal antitrust agencies and is facilitating review of the transaction by the Department of Justice Antitrust Division and the Massachusetts Attorney General.
  • One of our antitrust attorneys obtained advisory opinion letters from the Federal Trade Commission for Greater Rochester IPA and TriState Health Partners regarding their creation and implementation of clinical integration programs.
  • Assisted with the creation and implementation of clinically integrated networks of medical staff physicians for a variety of hospitals and health systems, from the small, rural hospital to a multi-hospital system spread across a state.
  • Advised the first clinically integrated hospital network created in the nation and are working on the creation of others, including one that involves the integration of hospitals, physicians, skilled nursing facilities, and long-term care facilities.
  • Assisted Accountable Care Clinical Services and four other clients in preparing successful MSSP ACO applications.
  • Assisted several messenger model and risk-contracting IPAs and PHOs in the transition to clinical integration.
  • Represented one of the nation’s premier pharmacy chains in its $27 billion acquisition of a “big three” pharmacy benefits manager.
  • Represent one of the nation's most prestigious health care providers and hospital groups, since its creation over 20 years ago, to help it make smooth and efficient acquisitions and respond effectively to government investigations.
  • Served 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.
  • Represent 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.
  • Counsel health care clients to make effective business decisions that maximize outcomes while complying with antitrust requirements and avoiding litigation.
  • Represented the acquirer in the merger of two Massachusetts hospital-based health care systems, located in the same town — one being Catholic under the sponsorship of an order of Sisters, and the other being secular. The matter was reviewed by the FTC and the Massachusetts Attorney General's Office. The transaction involved two separate components: the merger of the parent entities of the two hospitals and the formation of a unified parent for the system with all of the various current subsidiaries becoming subsidiaries of the parent; and an acquisition by the secular hospital of all of the assets and liabilities of the Catholic hospital so as to create a unified hospital under a single license.
  • Facilitated the acquisition of a six-hospital nonprofit Catholic health care system, owned by the Roman Catholic Archbishop of Boston, by a New York City–based private equity firm. We served as local counsel on corporate, regulatory, and reimbursement matters, including facilitating the completion of a purchase and sale agreement; Department of Public Health and Attorney General approvals, addressing the terms of a Stewardship Agreement with the Archdiocese; and related matters.

Clients We Serve

  • Ancillary care providers
  • Biotechnology companies
  • Hospitals
  • Independent practice associations
  • Insurers
  • Pharmaceutical companies
  • Pharmacy benefit managers
  • Physician practice groups
  • Physician-hospital organizations
  • Physicians
  • Retail pharmacies
  • Trade associations