Healthcare Antitrust: New DOJ and FTC Merger Guidelines, Recent State Regulatory Changes

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 devotes a significant portion of his practice to helping healthcare organizations manage the antitrust risks of joint ventures and other business arrangements. He represents healthcare entities and providers in antitrust matters (counseling and litigation), including civil and government investigations and compliance with Hart-Scott-Rodino premerger notification requirements. He also focuses his practice on other complex commercial and civil litigation matters.