Spotlight on Antitrust: Disputes and Investigations Involving Contracting Practices Between Providers and Payors in Managed Care

May 17, 2019 1:15pm

Mike Cowie
Partner
Dechert LLP (Washington, D.C.)

Peter J. Mucchetti
Chief, Healthcare and Consumer Products Section
Antitrust Division

DOJ (Washington, D.C.)

Christine L. White
Vice President, Office of Legal Affairs
Northwell Health, Inc. (New Hyde Park, NY)

Contracting practices with hospital systems and other healthcare providers often raise significant antitrust issues. These issues arise both in government investigations and in private litigation. Antitrust issues arise from provider steering and transparency restrictions, use of narrow or tiered networks, referenced based pricing most-favored-nation terms, and from other contracting practices. This session will explore best practices for managed care companies to minimize antitrust risks and for potential offensive use of antitrust to achieve commercial objectives.