Ashley Fischer
Subscribe to Ashley Fischer's PostsAshley Fischer advises clients across all sectors of the healthcare industry on their most critical transactions and collaborations. Her health antitrust practice makes her a valuable partner to healthcare businesses as they work to expand and pursue their strategic business initiatives. Read Ashley Fischer's full bio.
New DOJ Task Force to Target ‘Multisided Giants’ in Healthcare
By Stephen Wu, Ashley Fischer, Daniel Powers and Noah Feldman Greene on May 10, 2024
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
The US Department of Justice’s (DOJ) announcement of the formation of a new healthcare task force signals an even stronger emphasis on addressing competition issues in the healthcare industry. Large, multisided platforms involved in multiple sectors (e.g., insurance companies acquiring physician practices and/or essential healthcare IT and data services) are a key target for enforcement....
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DOJ Signals Heightened Scrutiny on Information Exchanges and Competitor Collaborations
By Noah Feldman Greene, Gregory E. Heltzer, Ashley Fischer and Stephen Wu on Feb 15, 2023
Posted In DOJ Developments, Healthcare Antitrust
WHAT HAPPENED On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on healthcare, DOJ’s decision to withdraw these statements will have broad impacts across industries. The three policy statements, issued in 1993, 1996, and 2011, relate to competitor collaboration...
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Executive Order Encourages FTC, DOJ to Address Hospital Consolidation, Vigorously Enforce Antitrust Laws
By Ashley Fischer, Katharine M. O'Connor and Noah Feldman Greene on Jul 15, 2021
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several priorities. The Federal Trade Commission (FTC) and US Department of Justice (DOJ) already have been actively enforcing the antitrust laws in provider consolidation matters....
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2020 Health Antitrust Year in Review
By Ashley Fischer, Katharine M. O'Connor, Stephen Wu and Michelle Lowery on Jan 19, 2021
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation
The federal antitrust enforcement agencies brought three hospital merger challenges and three criminal antitrust enforcement actions in healthcare in the past year. Combined with the incoming Democratic administration, healthcare antitrust enforcement is likely to remain strong in 2021. Our Health Antitrust Year in Review: Examines specific antitrust challenges and enforcement actions that impacted hospitals and...
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Health Antitrust Litigation Update for Providers | 2020
By Michelle Lowery, Katharine M. O'Connor, Stephen Wu, Joshua W. Eastby and Ashley Fischer on Nov 13, 2020
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation
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. Read...
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Top Takeaways: Permissible Provider Collaborations During COVID-19 and Beyond
By Ashley Fischer, Katharine M. O'Connor and Stephen Wu 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 Anthony S. Ferrara, Ashley Fischer and Katharine M. O'Connor 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 Ashley Fischer and Stephen Wu 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 Ashley Fischer, Jon B. Dubrow and Katharine M. O'Connor 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 Ashley Fischer, Jon B. Dubrow and Katharine M. O'Connor 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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