Partner Rob McCann presented at the American Conference Institute's Advanced Forum on Healthcare Provider Disputes on March 7, 2014. His presentation was titled, "Minimizing the Risk of Antitrust Violations: Balancing the Need for Industry Consolidation with the Potential Risk of Allegations of Unfair Competition."

Learning Objectives included:

  • Advising providers on how to minimize exposure and reduce the risk of antitrust violations amidst the push for industry consolidation

  • Overcoming the challenges when provider groups are excluded from a consolidation or field, creating a marketplace where they cannot compete
    • Antitrust and unfair competition issues
  • Assessing liability for regionally dominant hospitals trying to join ACOs
    • Advice from FTC on how to do this appropriately
  • Managing an antitrust investigation
    • What agencies are involved?
    • How to create litigation strategy from the point of the investigation
  • Prevailing in cases alleging unfair competition among providers relating to publicity/publication/ads of providers directed at other groups of providers

  • Preparing for litigation having to do with statutes about disclosing prices

  • Tiering, narrow networks, and physician profiling: creating defense theories and proven strategies
    • Defamation
    • Lack of due process
    • Interference with a contract
Source: American Conference Institute's Advanced Forum on Healthcare Provider Disputes