In 2019, the total number of antitrust cases filed against providers dropped to 20 after the 2018 bump (27 cases). In the latest Health Antitrust Litigation Update for Providers, we discuss what kinds of cases were brought over the past two years and how they were decided, and what cases warrant particular attention in 2020.
Health Antitrust Litigation Update for Providers | 2020
By Michelle Lowery, Katharine M. O'Connor, Stephen Wu, Joshua W. Eastby and Ashley Fischer on November 13, 2020
Tags: antitrust claims, competing provider, defendant win, exclusive contracts, health care, health care provider, hospitals, insurance contract practices, motion to dismiss, physician, physician privileges, plaintiff win, pleadings stage, professional regulation, referral practices, summary judgment
Michelle LoweryMichelle S. Lowery focuses her practice on antitrust and competition. Michelle has experience in a broad range of antitrust litigation, transactional and counseling matters. Her practice focuses on complex litigation, government investigations, mergers and acquisitions, and counseling. Read Michelle Lowery's full bio.
Katharine M. O'ConnorKatharine 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.
Stephen WuStephen 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.
Joshua W. EastbyJoshua W. Eastby is an associate in McDermott’s Chicago office and focuses on antitrust regulatory and litigation matters. He defends clients in securing regulatory clearance of mergers and acquisitions and in securing favorable outcomes and efficiently managing e-discovery in complex antitrust litigation. Read Joshua W. Eastby's full bio.
Ashley FischerAshley 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.
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