What's New in Health Care Antitrust: Multiregional Networks, Physician Acquisitions, and Vertical Theories of Harm (Intermediate)

The American Health Lawyers Association Distance Learning Course

03/22/2016 02:00 p.m. - 03:30 p.m. EDT

Antitrust Law

Jeff Jaeckel


As health care providers continue to form increasingly complex affiliations that include hospitals, systems, physicians and payers, assessing the antitrust issues can be challenging. This webinar will provide an in-depth analysis of new and evolving antitrust issues from legal and economic perspectives, as well as practical ways to evaluate and reduce risk.

Topics that will be addressed will include:

  • Multiregional Networks: Antitrust enforcement typically focuses on the competitive effects of provider networks that supply similar services in geographic proximity, but with increasing consolidation in the health care sector, more networks span across several cities, and even states. While these multiregional networks cover separate geographic areas or services, some preliminary evidence suggests that they may nonetheless result in higher prices. What are the competitive implications of these multiregional networks? What legal and economic theories might form the basis of a challenge to multiregional networks?

  • Physician Acquisitions: Physician group mergers have typically not raised serious antitrust concerns, but recent enforcement actions, including Renown Health and Urology of Central Pennsylvania, indicate heighted scrutiny by the antitrust enforcement agencies. What types of physician mergers attract antitrust scrutiny? How should providers who are considering acquiring physicians or physician groups assess the antitrust risk?

  • Vertical Theories of Harm: Antitrust enforcement has typically focused on horizontal theories of harm—that is, consolidation among providers or payers offering similar services in geographic proximity that results in an increase in market concentration. However, as the consolidation trend in the health care sector continues, stakeholders are increasingly concerned about vertical theories of harm—that is, the harm that may flow when providers or payers offer different services at different levels of competition. What types of payer-provider arrangements invite vertical antitrust scrutiny? What types of hospital-physician arrangements invite vertical antitrust scrutiny? What other vertical affiliations may present issues? What provisions should providers and payers create to minimize risk?

To register for the webinar please click here.


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