Healthcare Antitrust: Heightened Enforcement by Federal and State Agencies

Mr. Greer focuses his practice in the areas of antitrust law and managed care contracting. As part of his antitrust practice, he has extensive experience in counseling health systems, hospitals and physicians on the antitrust requirements of mergers, acquisitions, joint ventures and provider networks. In this capacity, Mr. Greer frequently obtains clearance from the FTC and DOJ under the premerger reporting requirements of the Hart-Scott-Rodino (HSR) Act and defends providers in government antitrust investigations. During these government investigations, he manages complex procedural requirements, including large-scale document productions and electronic discovery and negotiates competition issues with the federal antitrust enforcement agencies. In addition, Mr. Greer routinely counsels healthcare providers on day-to-day antitrust compliance issues related to provider networks, managed care contracting, dominant firms and exchanges of competitively sensitive information, including “all or nothing” contracting, anti-tiering, anti-steering, gag clauses and price transparency. He also serves as part of an antitrust compliance monitoring team in monitoring antitrust agency consent orders.

Mr. Steren leverages his more than 30 years of healthcare antitrust and litigation experience to help healthcare clients manage the risks of joint ventures and other business arrangements and to defend them against government investigations and enforcement actions. He also provides counseling and litigation services to employers in connection with non-competition and pricing-related issues. Among Mr. Steren’s clients are large healthcare providers (or provider groups), such as hospitals and healthcare systems, physicians, ambulatory surgery center corporations, and other specialty care providers (e.g., chains of urological care or anesthesia providers). His clients also include large retail chains, commercial and residential lenders, and product manufacturers and distributors. A thought leader in the antitrust field, Mr. Steren speaks regularly and has authored numerous articles on antitrust issues affecting the healthcare industry.