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Antitrust

 
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Welcome to the Antitrust Practice Group (Antitrust PG). We help you understand public and private enforcement activity and competition policy affecting all sectors of the health care industry, including health care providers, health insurers, and medical device and pharmaceutical companies.

Here are the top four things you can do to make the most of your membership in the Antitrust PG:

1. Register for a webinar or listen to an archived webinar: Web-based seminars focus on current antitrust issues and provide valuable insight from leaders in antitrust areas. Click here to access a list of upcoming and past webinars sponsored by the Antitrust PG.

2. Join the Antitrust Community: Discussion includes public and private enforcement initiatives and policies relating to network formation and operation, mergers, joint provider negotiations with payers, exclusionary practices, and exemptions. To join the Community, visit your "myAHLA" profile at www.healthlawyers.org/myahla, enter your login information, click the blue button to customize your "Email and List Preferences," and click "Save."

3. Check out the Antitrust PG Topical Library: This is where you can access the most relevant and recent AHLA publications and resources related to your practice area. It's the hub for AHLA content on Antitrust.

4. Plan to attend Antitrust in Health Care (held every May in the Washington, DC area): This program brings together an expert faculty made up of the leading government enforcers, private counsel representing both plaintiffs and defendants, and highly experienced economists to share their insights and offer practical advice and policy recommendations.

In addition, here are other benefits available to you through the Antitrust PG:

  • Email Alerts, Executive Summaries, and Member Briefings: Timely alerts are delivered directly to your inbox—when a new law, regulation, or decision is published, we do the initial legwork and summarize it for you.
  • Great Opportunities for Involvement: The Antitrust PG leadership welcomes and encourages members to become active participants by writing, speaking, tweeting, serving as a mentor, and taking on other leadership roles. Visit www.healthlawyers.org/volunteer to view available volunteer opportunities.
  • Task Forces: For those health law topics that cross over several Practice Groups, AHLA has established Task Forces that produce collaborative, substantive resources for the benefit of the sponsoring Practice Groups' members. Antitrust PG members are automatically enrolled in

Accountable Care Organization, Payment Innovation, and Health Care Reform Educational Task Force: This group provides members with a variety of information and resources relating to accountable care organizations, integrated care models, and other health care reform initiatives designed to improve quality and lower costs, for better population health.

Joining the Antitrust PG will help you to navigate the complex and changing antitrust law environment and keep you informed about emerging issues that may impact an important deal or create costly litigation exposure.  We hope that your active participation in the Antitrust PG will help you to serve your clients' needs.


 

You may access this content by joining AHLA and enrolling in Antitrust Practice Group.


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You can access this content by enrolling in Antitrust Practice Group.

You may access this content by Renewing your membership for Antitrust

Newsletters:

Antitrust Advisor - March 2018 (March 15, 2018)
Antitrust Advisor - September 2018 (September 24, 2018)

You may access this content by joining AHLA and enrolling in Antitrust Practice Group.


Already a member? Sign in

You can access this content by enrolling in Antitrust Practice Group.

You may access this content by Renewing your membership for Antitrust

You may access this content by joining AHLA and enrolling in Antitrust Practice Group.


Already a member? Sign in

You can access this content by enrolling in Antitrust Practice Group.

You may access this content by Renewing your membership for Antitrust

  • Clinical Integration Bibliography
    - Updated on March 9, 2018
    This Toolkit is a bibliography that serves as a compendium of publicly available advice and research on clinical integration to help practitioners who wish to advise their clients on how to engage in successful clinical integration. The Antitrust Practice Group first published this bibliography in 2009 and has periodically updated it.

  • Health Insurance Antitrust Toolkit
    - Published on June 22, 2017

    The U.S. Department of Justice Antitrust Division (aided by a collection of states and the District of Columbia) prevailed in litigation challenging the two largest-ever proposed health insurance mergers in early 2017. The cases raised a number of important doctrinal issues, including how to define product markets in the health insurance sector and mechanisms for analyzing "upstream" market power in the purchase of hospital and physician services.

    The proposed merger of Aetna and Humana, which the parties announced in mid-2015, was blocked by the U.S. District Court for the District of Columbia in early 2017 after the Antitrust Division convinced the court that Medicare Advantage—a particular type of Medicare coverage for low-income senior citizens—and "traditional" Medicare are distinct product markets, and that the proposed merger between two of the five largest national health insurers would reduce competition for Medicare Advantage plans in hundreds of counties nationwide. The parties subsequently abandoned the transaction. In 2017, the U.S. District Court for the District of Columbia also blocked Anthem's attempt to purchase Cigna after finding that the merger would reduce competition in the sale of health insurance in a product market that consisted of large national employers (those with over 5,000 employees around the country). The district court rejected the parties' argument that the transaction would benefit customers because the parties would be able to negotiate lower rates with hospitals. The Court of Appeals of the District of Columbia Circuit upheld the district court's opinion, including the district court's rejection of the parties' efficiency defense, in a two-to-one decision.

    The key documents—the parties' pleadings and the courts' opinions—are here for your reference. These materials highlight the importance of understanding the nuances involved in defining a relevant product market: while the headlines focused on health insurance writ large, the litigation focused much more narrowly on, for example, the differences between Medicare and Medicare Advantage, or whether a relevant product market could be defined by a particular subset of customers (large national employers).

You may access this content by joining AHLA and enrolling in Antitrust Practice Group.


Already a member? Sign in

You can access this content by enrolling in Antitrust Practice Group.

You may access this content by Renewing your membership for Antitrust

You may access this content by joining AHLA and enrolling in Antitrust Practice Group.


Already a member? Sign in

You may access this content by enrolling in Antitrust Practice Group.

You may access this content by Renewing your membership for Antitrust

Upcoming:

Past:

February 27, 2018 2:00 PM-3:30 PM Eastern
February 20, 2018 2:00 PM-3:30 PM Eastern
February 13, 2018 2:00 PM-3:30 PM Eastern

Upcoming:

Past:

Upcoming:

Past:

February 9, 2016 12:00 PM-1:15 PM Eastern
February 9, 2016 12:00 PM-1:15 PM Eastern

Upcoming:

Past:

December 11, 2018 12:00 PM-1:00 PM Eastern
November 28, 2018 12:00 PM-1:00 PM Eastern
June 5, 2018 1:00 PM-2:00 PM Eastern
March 13, 2018 2:00 PM-3:00 PM Eastern
January 23, 2018 1:00 PM-2:00 PM Eastern
January 9, 2018 1:00 PM-2:00 PM Eastern
November 30, 2017 1:15 PM-2:15 PM Eastern
May 2, 2017 1:00 PM-2:00 PM Eastern
October 20, 2016 12:00 PM-1:00 PM Eastern
October 4, 2016 1:00 PM-2:00 PM Eastern
April 12, 2016 12:00 PM-1:00 PM Eastern
November 10, 2015 1:00 PM-2:00 PM Eastern
Task Forces are established for those health law topics that cross over several Practice Groups, and they provide collaborative, substantive resources for the benefit of the sponsoring Practice Groups' members.
Please note: You must be a member of the Antitrust Practice Group to enroll in this Task Force.
  • Accountable Care Organization Task Force
    The mission of the ACO Task Force is to provide members with a wide array of information relating to accountable care organizations, integrated care models, and other initiatives designed to improve quality and lower costs, for better population health. The ACO Task Force analyzes the impact and trajectory of ACO and other integrated care developments nationwide, including commercial ACOs, Medicaid ACOs, and the Medicare ACO programs.

    The mission of the ACO Task Force includes informing members of any new or updated regulations, waivers, and guidance relating to the main federal ACO programs, including the Medicare Shared Savings Program and the Pioneer ACO program, as well as to provide information on a broader array of issues integral to ACOs, integrated care systems, population health, and payment models.

    The ACO Task Force provides webinars, written material, and sponsored in-person programming pertaining to the relationship between ACOs and population health, as well as other topics germane to ACO formation and development. Since the ACO Task Force mission is so broad, it often partners with other AHLA Practice Groups to provide deeper insight into the unique legal and policy considerations for ACOs.

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Leadership

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Saralisa C. Brau Chair McKesson Corporation Washington, DC (202) 469-6273 Email
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Aimee E. DeFilippo Vice Chair - Educational Programs Jones Day Washington, DC (202) 879-7631 Email
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Ashley M. Fischer Vice Chair - Membership McDermott Will & Emery LLP Chicago, IL (312) 984-7766 Email
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Lona Fowdur Vice Chair - Strategic Planning and Special Projects Economists Inc Washington, DC (202) 833-5244 Email
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Dionne C. Lomax Vice Chair - Publications Mintz Levin Cohn Ferris Glovsky & Popeo PC Washington, DC (202) 434-7419 Email
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Joseph Miller Vice Chair - Research & Website Crowell & Moring LLP Washington, DC (202) 624 2809 Email
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John D. Carroll Social Media Coordinator King & Spalding LLP Washington, DC (202) 626-2993 Email

 

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