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
- Lack of due process
- Interference with a contract