Ashley Fischer
Subscribe to Ashley Fischer's PostsAshley 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.
Clean Hands Can Stop More than COVID-19: Antitrust Risks in Times of Supply and Demand Shocks
By Ashley Fischer, Joshua W. Eastby and Stephen Wu on Mar 17, 2020
Posted In Cartel Enforcement, DOJ Developments
The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws, especially in areas affected by the coronavirus outbreak. On March 9, 2020, the DOJ announced that individuals or companies engaging in price fixing, bid-rigging,...
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California Attorney General Announces Historic $575 Million Settlement of Antitrust Suit Against Sutter Health
By Ashley Fischer, Noah Feldman Greene and Stephen Wu on Jan 15, 2020
Posted In Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation
California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (Sutter), the largest hospital system in Northern California.
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Antitrust Enforcement Update: Spotlight on Physician Transactions
By Ashley Fischer, Katharine M. O'Connor, Lisa A. Peterson, Stephen Wu and McDermott Will & Emery 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.
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Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge to Hospital Joint Operating Company’s Contracting Conduct
By Ashley Fischer and Stephen Wu on May 24, 2019
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration
A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct of joint ventures when it is challenged as anticompetitive. The decision is also significant because...
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THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation
By Stephen Wu, Michelle Lowery, Ashley Fischer and McDermott Will & Emery 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...
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Seventh Circuit Hands FTC Another Geographic Market Definition Victory in Chicago Hospital Merger Case
By Ashley Fischer 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...
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Third Circuit Blocks Hospital Merger in Key Victory for FTC on Geographic Market Definition
By Stephen Wu, Daniel Powers, Ashley Fischer and McDermott Will & Emery 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...
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FTC and Pennsylvania Attorney General Challenge Health System Combination
By McDermott Will & Emery, Ashley Fischer 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...
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FTC and DOJ Host Workshop Examining Health Care Competition
By McDermott Will & Emery, Ashley Fischer, Lisa A. Peterson, Stephen Wu and McDermott Will & Emery 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...
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Ninth Circuit Affirms Divestiture of Consummated Physician Practice Acquisition
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,...
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