Katharine M. O'Connor

Subscribe to Katharine M. O'Connor's Posts
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.

DOJ Antitrust Division Signals Impending Criminal Monopolization Cases


By , , , and on Mar 11, 2022
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Monopolization/Abuse of Dominance

WHAT HAPPENED On March 2, 2022, the US Department of Justice (DOJ) Antitrust Division Deputy Assistant Attorney General Richard Powers revealed that the DOJ intends to investigate and pursue alleged criminal violations against individuals or companies who violate Section 2 of the Sherman Act. For more than 40 years, criminal enforcement of antitrust laws have...

Continue Reading



Executive Order Encourages FTC, DOJ to Address Hospital Consolidation, Vigorously Enforce Antitrust Laws


By , and 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....

Continue Reading



2020 Health Antitrust Year in Review


By , , and 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...

Continue Reading



Health Antitrust Litigation Update for Providers | 2020


By , , , and 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...

Continue Reading



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...

Continue Reading



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...

Continue Reading



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...

Continue Reading



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...

Continue Reading



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.

Continue Reading



Antitrust Litigation Update for Health Care Providers


By , and on Jun 4, 2019
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation

2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable rise, what kinds of cases were brought over the past two years and how they were decided, and...

Continue Reading



BLOG EDITORS

STAY CONNECTED

TOPICS

ARCHIVES

Ranked In Chambers USA 2022
US Leading Firm 2022