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Antitrust
Antitrust compliance is a critical and pervasive issue for health
care purchasers, payors and providers throughout the country. The
firm's multi-office antitrust group, which includes former federal
antitrust enforcers, provides antitrust advice regarding transaction
structures and business strategies and compliance with antitrust
regulatory requirements, and represents health care clients in sophisticated
antitrust litigation.
The firm's antitrust attorneys counsel clients regarding horizontal
consolidations within the health care industry, including mergers,
acquisitions and affiliations of health plans, hospitals and licensed
professionals. This analysis often involves assessing the applicability
of the federal and state antitrust statutes and regulations relating
to monopolization. The firm's antitrust attorneys prepare necessary
filings with state and federal agencies, including Hart-Scott-Rodino
filings.
Davis Wright Tremaine also has extensive experience in the formation
and operation of joint venture and partially integrated relationships.
Such arrangements include independent practice associations, group
practices without walls, physician-hospital organizations, management
services organizations and a variety of vertically integrated arrangements
among health plans, hospitals and physicians. The firm's antitrust
analysis of these ventures often focuses upon applying the per se
and rule of reason standards with respect to price-fixing, group
boycott and market allocation issues.
The firm represents clients in civil and criminal antitrust investigations
and litigation, whether they are objecting to proposed transactions
or responding to investigations by antitrust enforcement authorities.
Because the Health Law Group's antitrust attorneys communicate frequently
with representatives of the Department of Justice (DOJ) and Federal
Trade Commission (FTC), the firm is able to provide insight into
the future direction of those agencies' regulatory positions.
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