Katharine M. O'Connor
Subscribe to Katharine M. O'Connor's PostsKatharine (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.
Antitrust Litigation Update for Health Care Providers
By Joshua W. Eastby, Katharine M. O'Connor and Stephen Wu 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...
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Federal Court Opinion Reminds Health Care Providers to Assess the Antitrust Risks of Competitor Affiliations
By Katharine M. O'Connor and Stephen Wu 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,...
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Antitrust Litigation Update for Health Care Providers
By Katharine M. O'Connor and Stephen Wu 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.
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THE LATEST: FTC Settles with Breeder Trade Association over Association Rules That Limited Price Competition for Dairy Bull Semen
By Gregory E. Heltzer and Katharine M. O'Connor 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...
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THE LATEST: Rate-for-Volume Payer Contract Provision Should Be Analyzed under Rule of Reason
By Katharine M. O'Connor 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...
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THE LATEST: American Guild of Organists Reaches Settlement Agreement with the FTC over Challenged Professional Association Rules
By Gregory E. Heltzer and Katharine M. O'Connor on May 31, 2017
Posted In FTC Developments
The two current commissioners of the Federal Trade Commission (FTC) approved a final order and consent agreement with the American Guild of Organists (AGO) after a public comment period of two months. The FTC alleged that the AGO violated Section 5 of the Federal Trade Commission Act by agreeing to restrain competition among its organist...
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THE LATEST: Rohit Chopra, Progressive Student Loan Watchdog, Recommended for FTC Commissioner
By Gregory E. Heltzer and Katharine M. O'Connor on May 17, 2017
Posted In FTC Developments
The Federal Trade Commission (FTC) is composed of five Commissioners each with terms of seven years. The Commissioners are appointed by the President with the advice and consent of the Senate. At any given time, no more than three Commissioners may be members of the same political party. Currently, Acting Chairman Ohlhausen (R) and Commissioner...
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Antitrust Enforcement under a Clinton Administration: Status Quo or Significant Change?
By Katharine M. O'Connor on Oct 10, 2016
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance
On Monday, October 3, 2016, Hillary Clinton issued a statement on her website titled “Hillary Clinton’s Vision for an Economy Where our Businesses, our Workers, and Our Consumers Grow and Prosper Together.” Prior to this statement, there had been some speculation over what a Clinton presidency might bring in terms of antitrust enforcement. Unlike President...
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Judge Merrick Garland’s Antitrust Past: A Brief Summary
By Katharine M. O'Connor on Mar 23, 2016
Posted In Cartel Enforcement, Private Litigation
Since President Obama announced Judge Merrick Garland’s nomination to the Supreme Court of the United States last Wednesday, March 16, 2016, many have opined on his qualifications as well as the political fight about his confirmation this election year. A few articles have noted Judge Garland’s academic background—that he taught Advanced Antitrust at his alma...
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