Antitrust Enforcement Update: Spotlight on Physician Transactions

At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state law that requires prior notice of healthcare provider transactions. We also offer practical takeaways for providers pursuing practice acquisitions.

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Lisa A. PetersonLisa A. Peterson
Lisa A. Peterson focuses her practice on antitrust, regulatory and litigation matters. She assists clients across a variety of industries and has represented numerous clients in the health care, pharmaceutical, and biotechnology industries. Lisa advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as counsels clients on issues regarding antitrust compliance, pricing, and distribution. She also counsels clients on cartel prosecutions and defenses, including government investigations and the initiation and defense of civil class action litigation. Read Lisa Peterson's full bio.


Katharine M. O'ConnorKatharine M. O'Connor
Katharine O’Connor focuses her practice on complex antitrust litigation, government investigations, defending mergers and acquisitions before antitrust enforcement agencies, and counseling clients on antitrust compliance issues. She has experience representing clients in a wide array of industries, including health care, manufacturing, food and finance. Read Katharine O’Connor's full bio.


Jeffrey W. BrennanJeffrey W. Brennan
Jeffrey W. Brennan (Jeff) has practiced exclusively antitrust law for three decades, including more than 20 years in private practice and nearly 10 years over two tours at the Federal Trade Commission, from 1985 to 1990 as a staff attorney handling mergers and from 2001 to 2006 as assistant director, then associate director, of the Bureau of Competition. His current practice includes merger clearance, antitrust litigation, investigations by the FTC, DOJ and state attorneys general, and counseling on competitor collaborations and many other antitrust compliance issues. Jeff’s clients cover many industries, with the highest number in the health care services and products sector. He is co-chair of the Firm’s Health Antitrust affinity group. Read Jeff Brennan's full bio.


Ashley FischerAshley Fischer
Ashley M. Fischer represents health care providers on a wide range of corporate and regulatory matters, including affiliations; collaborations; health reform initiatives and alignment strategies; joint ventures; and managed care contracting networks such as clinically integrated networks (CINs) and accountable care organizations (ACOs). Her health antitrust practice includes assessing the implications of the formation and operation of competitor collaborations (CINs, ACOs, joint ventures), merger analysis and defense, compliance and ordinary course conduct. Read Ashley Fischer's full bio.


Stephen WuStephen Wu
Stephen Wu focuses his practice on antitrust litigation, defending mergers and acquisitions before antitrust enforcement agencies and counseling clients on antitrust compliance issues. He represents clients in a wide variety of industries ranging from aerospace to consumer products and food, with a particular concentration on health care antitrust matters. He is co-chair of the Firm’s Health Antitrust Affinity Group. Read Stephen Wu's full bio.

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