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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.
THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation
By Ashley Fischer, Jeffrey W. Brennan, Michelle Lowery and Stephen Wu 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...
Seventh Circuit Hands FTC Another Geographic Market Definition Victory in Chicago Hospital Merger Case
By Ashley Fischer and Jeffrey W. Brennan on Nov 9, 2016
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This decision follows closely on the heels of the FTC’s victory earlier this year in FTC v. Penn State...
By Jeffrey W. Brennan, Daniel Powers, Ashley Fischer and Stephen Wu on Sep 28, 2016
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission and the Commonwealth of Pennsylvania in a closely watched hospital merger case. The decision provides clear guidance on the appropriate tests for determining geographic markets in hospital merger cases, while also suggesting that...
By Jeffrey W. Brennan, Ashley Fischer, McDermott Will & Emery and Lisa A. Peterson on Jan 7, 2016
Posted In FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Power Markets
The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg, Pennsylvania. The FTC complaint alleges that the combination would create a dominant provider, reduce the number of competing health systems in the area from three to...
By McDermott Will & Emery, Ashley Fischer, Jeffrey W. Brennan, Lisa A. Peterson and Stephen Wu on Mar 4, 2015
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider organization and payment models, and their potential effects on competition in the provision of health care services. A main message from...
By Ashley Fischer, Daniel Powers and Michelle Lowery on Mar 2, 2015
Posted In FTC Developments, Healthcare Antitrust
The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system. The case, which pitted the health system against private plaintiffs as well as the Federal Trade Commission and the state attorney general,...
By Ashley Fischer, Jeffrey W. Brennan, Michelle Lowery and Stephen Wu on May 20, 2014
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust
At the recent Antitrust in Health Care conference in Arlington, Virginia, representatives from the Federal Trade Commission and U.S. Department of Justice Antitrust Division discussed important health care and antitrust topics. Speakers stressed that the Affordable Care Act is not an opportunity for anticompetitive consolidation and conduct. Providers and payers alike should continue to analyze...
By Ashley Fischer on Feb 14, 2014
Posted In Healthcare Antitrust, Mergers & Acquisitions
In a challenge brought both by private plaintiffs and the government, a court has ruled that a health system’s acquisition of a competing physician group practice violated the antitrust laws where the transaction resulted in the health system employing 80 percent of the primary care physicians in one area. Hospitals and health systems pursuing physician...