Heightened Antitrust Enforcement Actions in the Healthcare Industry: A 2019 Outlook
Antitrust enforcement agencies in the U.S., such as the Department of Justice (DOJ) and the Federal Trade Commission (FTC), have been reaffirming their commitment to sustain enforcement in the healthcare industry. Stringent prosecution is also assured against providers engaging in price gouging and fraud, particularly. The agencies’ prioritization of antitrust violations in the healthcare industry is expected to continue in 2019. In addition to maintaining competition the marketplace, other enforcement areas include no-poach agreement, the use of the Clayton Act, and mergers.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals assembled by The Knowledge Group will provide the audience with an in-depth analysis of the significant antitrust issues in the healthcare industry as well as best compliance practices. Speakers will also offer a sneak peek of what lies ahead in 2019 in light of the recent updates and developments with regard to this still evolving topic.
Key topics include:
- Antitrust and the Healthcare Industry: Recent Trends
- Notable Cases
- Opportunities and Risks
- Best Compliance Practices
- Outlook for 2019
NERA Economic Consulting
- FTC and DOJ enforcement of provider mergers beyond hospital mergers, such as physician/hospital mergers (St. Luke’s and Sanford) and other vertical mergers.
- The role of state agencies in driving antitrust concerns (e.g., Massachusetts Health Policy Commission).
- The DOJ’s interest in no poach agreements among healthcare professionals.
Morrison & Foerster LLP
- The expanding investigations and litigation involving generic pharmaceutical pricing – from the DOJ to State AGs to private damage actions
- Monopoly to competition – antitrust issues and considerations at the critical point when a drug comes off patent
- DOJ’s criminalization of agreements not to hire or solicit competitors’ executives – how health care executives, including those in HR, could wind up in prison if they aren’t careful
Dr. Emily Walden is a Consultant in NERA’s Antitrust and Competition practice. She has conducted economic analysis of the competitive effects of proposed mergers and acquisitions and evaluated antitrust claims in cases involving collusive behavior and price fixing. Her experience spans a wide range of industries, including health care, oil and gas, and retail markets. She has conducted research on competition and antitrust issues and has published in peer-reviewed journals. Dr. Walden holds a Ph.D. in economics from the University of Wisconsin – Madison, where she was a National Institutes of Health pre-doctoral fellow. She received a B.A. in economics from Haverford College.
Dr. Emily Walden is a Consultant in NERA’s Antitrust and Competition practice. She has conducted economic analysis of the competitive …
Lisa Phelan, one of the world’s leading authorities in cartel enforcement, recently joined Morrison & Foerster LLP as a partner in our Global Antitrust Law Practice and Investigations + White Collar Groups. Lisa comes to the firm after serving as the most senior ranking U.S. government lawyer on criminal antitrust and cartel matters.
For the last 16 years, Lisa was Chief of the National Criminal Enforcement and Washington Criminal I Sections of the Antitrust Division at the Department of Justice, after previously serving as a senior criminal litigator. Lisa supervised and coordinated all investigative and litigation work on international and national criminal cartel cases, managing investigations and prosecutions with cartel enforcers throughout the world. She has prosecuted more than 300 federal criminal cases, overseen dozens of jury trials, and obtained more than $6 billion in criminal fines. Few in the world have the breadth of her experience to counsel and represent clients through each step of a cartel investigation, leniency application, plea negotiation, or criminal jury trial. She is also an expert in the necessary components of effective compliance programs, and as an asset to companies in preventing antitrust problems before they arise. She has worked on complex antitrust matters across numerous major industries, including technology, financial services, aviation, automotive, shipping, paper, petroleum, chemicals, and pharmaceuticals.
Lisa Phelan, one of the world’s leading authorities in cartel enforcement, recently joined Morrison & Foerster LLP as a partner …
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About NERA Economic Consulting
NERA Economic Consulting is a global leader in economic analysis and consulting. With nearly 400 experts in 25 offices around the world, the firm applies economic, finance, and quantitative principles to solve complex business challenges and legal questions. Our experts advise clients and, when necessary, testify on some of today’s most difficult problems in the fields of antitrust and competition, intellectual property, securities and finance, transfer pricing, and energy, communications, and infrastructure issues. NERA is known for providing clear, independent, defensible analysis innovation in the application of economics, statistics, and data analysis.
About Morrison & Foerster LLP
With approximately 1,000 lawyers in 16 offices, Morrison & Foerster is a preeminent global law firm dedicated to delivering business-oriented results to clients across the United States, Europe and Asia. Dynamic technology and life science companies, large financial institutions, leading consumer product companies and other market leaders come to MoFo for knowledge, innovation and business aptitude. MoFo handles some of the world’s largest crossborder transactions and resolves major disputes across multiple jurisdictions. The firm has a long-standing commitment to pro bono work and social justice.