Antitrust – Healthcare| BakerHostetler

Our antitrust attorneys represent clients in healthcare-related investigations and litigation and provide guidance on potential antitrust issues that may occur with various types of healthcare transactions, such as acquisitions of hospitals and physician practices, network and other provider joint ventures, mergers and any other type of business combination. We provide support related to hospital merger issues for both the merging parties and related third parties. Our team represents clients involved in government investigations related to healthcare antitrust issues, and we defend healthcare clients facing civil and criminal antitrust challenges brought by both federal and state government agencies and private plaintiffs nationwide.

Represented a former healthcare company CEO in the first-ever criminal “no-poach” market allocation case. Served as trial counsel and, following an eight-day jury trial, the client was acquitted on all counts. US v. DaVita & Thiry, 21-cr-229 (District of Colorado).
Represented a corporate healthcare client in a Federal Trade Commission (FTC) investigation alleging no-poach issues.
Represented a corporate healthcare client in a Department of Justice (DOJ) alleged market allocation investigation.
Advise a leading healthcare insulin provider regarding various transactions and compliance-related issues.
Represented a corporate healthcare client in a DOJ alleged price-fixing, allocation and False Claims Act (FCA) investigation.
Represented a third-party healthcare system in connection with a lawsuit brought by the FTC to block a merger of two hospital systems.
Represented a dental products distributor through two appeals, successfully dismissing a complaint alleging trade secret misappropriation, among other business torts.
Represented an acquisition-target hospital group as part of second request from the FTC in connection with a merger.
Represent a leading healthcare system against antitrust claims (price fixing) brought on behalf of a purported class of 19,000 registered nurses employed by the defendant hospital systems. The district court denied the plaintiffs’ motion for class certification in a 52-page opinion.
Advise a leading provider of kidney dialysis services regarding its $3.5 billion acquisition of a competing provider.
Represent a hospital in challenging secret payments by a competitor to health insurance brokers.
Advise device manufacturers regarding the purchase of or sale to competing manufacturers.
Represent a leading hospital in antitrust litigation resulting from the revocation of physician staff privileges.
Represent a hospital client in a civil action for false and misleading statements and related monopolistic and conspiratorial conduct by clients in an alleged violation of antitrust laws and the Lanham Act. The case was voluntarily withdrawn by the plaintiff after discovery was completed and subsequently dismissed by the court with prejudice.