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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.

Top Takeaways: Permissible Provider Collaborations During COVID-19 and Beyond


By , , and on May 27, 2020
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

If you missed our latest webinar, enjoy the replay below and learn more as we provide highlights on competitor collaborations, avoiding violations in labor markets, provider M&A and partial acquisitions. Competitor Collaborations Antitrust compliance remains an important priority in the US. While companies have been engaged in finding creative solutions to COVID-19 challenges and regulators...

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DOJ Will Not Challenge COVID-19 Response Distribution Collaboration


By , and on Apr 24, 2020
Posted In Distribution/Franchising, DOJ Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration

The United States Department of Justice Antitrust Division (DOJ) has issued a second Business Review Letter pursuant to the expedited review process it announced on March 24, 2020 to review conduct related to COVID-19 within seven days. The letter released on April 20, 2020 issued to AmerisourceBergen Corporation, which follows a letter issued last week to medical/surgical distributors, again shows...

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FTC and DOJ Issue Joint Antitrust Statement Regarding COVID-19 and Competition in Labor Markets


By and on Apr 14, 2020
Posted In Healthcare Antitrust

The COVID-19 pandemic has placed additional stressors on labor markets, particularly for healthcare workers and essential employees. While recognizing that employers, recruiters and staffing agencies may need—and be allowed to—cooperate in unprecedented ways to address current needs, on April 13, 2020, the US Department of Justice and US Federal Trade Commission issued a joint statement...

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DOJ Issues Antitrust Guidance on Competitor Collaboration to Combat COVID-19


By , and on Apr 13, 2020
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration

The US Department of Justice (DOJ) Antitrust Division issued a business review letter that underscores the flexibility of the US antitrust regulators towards competitor collaborations aimed at increasing the supply and distribution of medical equipment needed to fight the Coronavirus (COVID-19) pandemic. This letter can provide guidance to other companies considering collaborations to assist in the response...

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FTC, DOJ Issue Antitrust Statement On Covid-19 Response Collaborations


By , and on Mar 26, 2020
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments

On March 24, 2020, the US Federal Trade Commission (FTC) and US Department of Justice (DOJ) issued a Joint Antitrust Statement Regarding COVID-19. In this statement, the FTC and DOJ recognize that public health efforts in response to the Coronavirus (COVID-19) require government and private cooperation. To address the speed at which companies and individuals...

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Clean Hands Can Stop More than COVID-19: Antitrust Risks in Times of Supply and Demand Shocks


By , and on Mar 17, 2020
Posted In Cartel Enforcement, DOJ Developments

The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws, especially in areas affected by the coronavirus outbreak. On March 9, 2020, the DOJ announced that individuals or companies engaging in price fixing, bid-rigging,...

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California Attorney General Announces Historic $575 Million Settlement of Antitrust Suit Against Sutter Health


By , , and on Jan 15, 2020
Posted In Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation

California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (Sutter), the largest hospital system in Northern California.

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Antitrust Enforcement Update: Spotlight on Physician Transactions


By , , , and on Jun 21, 2019
Posted In FTC Developments, Healthcare Antitrust

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. Access the full article.

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Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge to Hospital Joint Operating Company’s Contracting Conduct


By , , and on May 24, 2019
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration

A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct of joint ventures when it is challenged as anticompetitive. The decision is also significant because...

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THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation


By , , , and on Nov 20, 2018
Posted In DOJ Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance

The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to provisions in contracts between the health system and commercial insurers that allegedly restrict payors from “steering” their enrollees to lower-cost hospitals. The settlement comes after two...

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