Antitrust Litigation Update for Health Care Providers

By Joshua W. Eastby, Katharine M. O'Connor and Stephen Wu on June 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 what cases warrant particular attention in 2019.

Access 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

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.

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.

Antitrust Litigation Update for Health Care Providers

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