Health Antitrust Litigation Update for Providers | 2020

By Michelle Lowery, Katharine M. O'Connor, Stephen Wu, Joshua W. Eastby and Ashley Fischer on November 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 the full report.

Tags: antitrust claims, competing provider, defendant win, exclusive contracts, health care, health care provider, hospitals, insurance contract practices, motion to dismiss, physician, physician privileges, plaintiff win, pleadings stage, professional regulation, referral practices, summary judgment

Michelle Lowery
Michelle Lowery is the go-to litigator for West Coast state and federal antitrust and unfair competition matters and for California Attorney General antitrust and general litigation matters. She has nearly two decades of experience achieving exceptional results for clients in antitrust and unfair competition litigation and investigations, including class actions. Read Michelle Lowery's full bio.

Katharine M. O'Connor
Katharine (Kate) O’Connor focuses her practice on complex antitrust litigation, antitrust investigations brought by the US antitrust regulators and state attorneys general, and counseling clients on antitrust compliance questions. She also regularly represents clients before the antitrust regulators related to mergers and acquisitions. Kate has experience representing clients in a wide array of industries, including healthcare, manufacturing, food and finance. Read Katharine O’Connor's full bio.

Stephen Wu
Stephen Wu has nearly 25 years’ experience in defending antitrust litigation in federal courts around the country, defending mergers and acquisitions before the Federal Trade Commission (FTC), the United States Department of Justice (DOJ) Antitrust Division and State Attorneys General and counseling clients on antitrust compliance issues. Read Stephen Wu's full bio.

Joshua W. Eastby
Joshua W. Eastby is an associate in McDermott’s Chicago office and focuses on antitrust regulatory and litigation matters. He defends clients in securing regulatory clearance of mergers and acquisitions and in securing favorable outcomes and efficiently managing e-discovery in complex antitrust litigation. Read Joshua W. Eastby's full bio.

Ashley Fischer
Ashley 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.

Health Antitrust Litigation Update for Providers | 2020

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