Health Care Antitrust
Federal antitrust law -- arising from statutes, a large body of case law, and Agency statements, policies, and rulings -- is applicable to a variety of situations in the health care field. Antitrust violations can give rise to civil and criminal penalties.
This course will examine federal antitrust law -- particularly the Sherman Act § 1 and § 2 and Clayton Act § 7, as well as the Department of Justice and Federal Trade Commission Statements of Antitrust Enforcement Policy in Health Care and Horizontal Merger Guidelines -- and their applicability in health care contexts, including provider-controlled networks, large providers with market power, health plans, mergers/acquisitions, joint ventures, accreditation/credentialing, tying and exclusive contracting. The course provides an excellent overview of applicable antitrust principles, within and outside health care.