Katharine M. O'Connor 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.

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



Federal Court Opinion Reminds Health Care Providers to Assess the Antitrust Risks of Competitor Affiliations


By and on Mar 4, 2019
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Monopolization/Abuse of Dominance

The Attorney General of the State of Washington (the State) scored another victory last week in its federal antitrust challenge to Franciscan Health System’s (Franciscan) affiliations with two competing physician practices, Washington v. Franciscan Health System, Case No. C17-5690 (W.D. Wa.), pending in the United States District Court for the Western District of Washington. Specifically,...

Continue Reading



Antitrust Litigation Update for Health Care Providers


By and on Jun 25, 2018
Posted In Healthcare Antitrust, Mergers & Acquisitions, Private Litigation

In this Special Report, we highlight notable trends in antitrust litigation involving health care providers over the past two and a half years. Our complimentary update identifies the types of cases filed against providers, who is filing them, case results and currently pending cases to watch. Access the full report.

Continue Reading



THE LATEST: FTC Settles with Breeder Trade Association over Association Rules That Limited Price Competition for Dairy Bull Semen


By and on Aug 24, 2017
Posted In Agriculture, FTC Developments, Joint Ventures/Competitor Collaboration

The two current commissioners of the Federal Trade Commission (FTC) approved another final order and consent agreement with a trade association, this time with the National Association of Animal Breeders, Inc. (NAAB). WHAT HAPPENED: NAAB is a non-profit corporation of approximately 24 member businesses that compete to sell dairy cattle semen to US dairy farms...

Continue Reading



THE LATEST: Rate-for-Volume Payer Contract Provision Should Be Analyzed under Rule of Reason


By on Aug 22, 2017
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration

District Judge Walter H. Rice of the Southern District of Ohio granted three pretrial motions brought by the Defendants on the eve of trial in The Medical Center at Elizabeth Place, LLC v. Premier Health Partners, et al., Case No. 3:12-cv-26, 2017 WL 3433131 (S.D. Ohio Aug. 9, 2017), and denied as moot eleven remaining...

Continue Reading



STAY CONNECTED

TOPICS

ARCHIVES