Overview
Epstein Becker Green has been supplying clients in the health care and life sciences, financial services, manufacturing, and transportation industries, among others, with innovative antitrust counseling and litigation services for five decades.
Using its strategic vision and working knowledge of antitrust compliance and enforcement processes, the Antitrust Group at Epstein Becker Green assists clients in developing compliance strategies and minimizing antitrust exposure, including defending mergers and acquisitions, business relationships and policies, and other aspects of the clients’ operations.
We Know Your Industry
At Epstein Becker Green, we understand that the application of antitrust laws to health care and other heavily regulated institutions often involves issues unique to their industry that are difficult to appreciate without broad industry knowledge. Accordingly, members of the Antitrust Group have in-depth knowledge of all aspects of their clients’ industries.
With regard to the health care and life sciences industry, the Antitrust Group’s services are regularly utilized by hospitals, hospital systems, physicians, multi-specialty medical groups, insurance companies, managed care organizations, pharmaceutical companies, and many national associations and alliances of health care providers.
Who We Are
Members of the Antitrust Group have extensive experience representing health care clients in antitrust matters before the Federal Trade Commission (FTC), the U.S. Department of Justice (DOJ), and state antitrust enforcement authorities (in fact, Epstein Becker Green obtained the country’s first antitrust business clearance in a matter involving joint planning by hospitals in Virginia in 1977). In addition, our members have previously served with federal and state antitrust enforcement agencies, handling both merger and non-merger antitrust actions in the health care field, and have submitted amicus curiae briefs to the Supreme Court of the United States and federal appellate courts.
How We Help
By coupling extensive experience in antitrust matters with a strong background in our clients’ industries, the Antitrust Group at Epstein Becker Green is able to provide clients with comprehensive antitrust counseling and defense services. Specifically, these services include, but are not limited to, the following:
- Developing compliance plans and programs to ensure that business practices and operations conform to applicable federal and state laws and regulations
- Performing antitrust compliance audits of existing contracts, strategic partnerships, and financial relationships, and conducting internal investigations
- Advising clients on antitrust compliance issues involved with mergers and acquisitions, expansions, joint ventures, collaborations, and other transactions
- Providing merger analysis and antitrust litigation risk assessments
- Counseling clients on distribution arrangements, standards issues, and joint purchasing arrangements
- Assisting with antitrust training programs
- Representing clients in civil and criminal antitrust and consumer law matters
- Representing clients in investigations and/or antitrust litigation by the FTC, DOJ, and other federal or state enforcement agencies or private parties concerning Sherman Act, Hart-Scott-Rodino Act, and other federal and state antitrust law violations; price fixing, predatory pricing, and unfair competition claims; contested mergers and acquisitions; disputes over exclusive contracts and distribution arrangements; monopolization claims; and restraint-of-trade allegations
For clients in the health care and life sciences industry, we also do the following:
- Gain merger clearance for hospitals
- Assess antitrust issues related to the formation and operation of joint ventures to allow health care providers to engage in innovative payment methodologies
- Develop strategies to enable health care providers to share data as part of quality improvement processes
- Provide antitrust compliance guidance for accountable care organizations and other alternative payment structures
- Counsel pharmaceutical clients on customer pricing strategies and arrangements
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Focus Areas
Experience
Contacts
Member of the Firm
General Counsel / Chief Privacy Officer
Media
Events
Past Events
- June 10-12, 2024
- June 12-14, 2023
Insights
Insights
- PublicationsRevisions to HSR Form Released2 minute read
- PublicationsFTC Withdraws from Interagency Memorandum of Understanding2 minute read
- BlogsVideo: FTC Exits Labor Pact, EEOC Alleges Significant Underrepresentation in Tech, Sixth Circuit Affirms NLRB Ruling ...3 minute read
- PublicationsFTC Disputes Whether States Can Effectively Displace Hospital Competition with COPA Regulation2 minute read
- PublicationsFTC and DOJ Signal Continued Interest in Labor Markets with New MOU2 minute read
- Media CoverageAnjana Patel, Trish Wagner Quoted in “Whether Harris or Trump Wins 2024 Election, M&A Challenges Await”3 minute read
- BlogsPodcast: Navigating the Labyrinth of Private Equity Investments in Health Care – Diagnosing Health Care2 minute read
- PublicationsInteragency Strike Force on Unfair and Illegal Pricing Holds First Public Meeting1 minute read
- PublicationsFTC Releases Controversial Interim Staff Report on PBMs’ Purported Impact on Drug Prices3 minute read
- PublicationsProposed FTC Budget Signals Continued Enforcement Initiatives2 minute read
- PublicationsNew Wine into Old Wineskins: Artificial Intelligence Fraud and Abuse Enforcement3 minute read
- PublicationsNewly Appointed Commissioner Holyoak Criticizes FTC’s Direction and Policy2 minute read
- Media CoverageJohn Steren Quoted in “Kroger Deal’s Local Veto May Give Ore. Health Agency Pause”2 minute read
- PublicationsAgencies Seek Information on Serial Acquisitions2 minute read
- PublicationsClose of Comment Period for RFI on Consolidation in Health Care Markets2 minute read
- PublicationsLeslie Norwalk Responds to Joint Agency RFI on Consolidation in Health Care Markets3 minute read
- BlogsCalifornia’s Office of Health Care Affordability Kicks into Action: Are Organizations Ready for Increased Scrutiny in ...10 minute read
- PublicationsFTC Requests Substantial Increase to FY 2025 Budget2 minute read
- PublicationsFederal Antitrust Enforcement Agencies Launch New Reporting Tool2 minute read
- PublicationsFive Commissioners and a Vote on Noncompetes to Come2 minute read
- BlogsPodcast: Key Changes in Finalized Antitrust Merger Guidelines – Diagnosing Health Care2 minute read
- PublicationsFTC Continues Investigation into PBM Practices2 minute read
- PublicationsAgencies Focus on Private Equity in Health Care2 minute read
- Media CoverageMaximilian Cadmus and William Gibson Featured in “New Partners Yearbook 2024”2 minute read
- Firm Announcements
Three Epstein Becker Green Attorneys Cited for Noteworthy Thought Leadership in JD Supra 2024 Readers’ Choice Awards ...
4 minute read - PublicationsFTC Calls on Congress to “Modernize” HSR Act and Extend Waiting Periods2 minute read
- PublicationsRevised HSR Thresholds Announced2 minute read
- PublicationsUpdated Merger Guidelines Finalized2 minute read
- PublicationsRecap: Top 10 Antitrust Issues in 20232 minute read
- PublicationsPresident Seeks More Antitrust Scrutiny of Health Care Transactions2 minute read
- PublicationsLatest Status of Proposed Merger Guidelines2 minute read
- PublicationsFTC Chairwoman Defends Agency’s Enforcement Record2 minute read
- PublicationsThe Federal Trade Commission Moves Closer to a Full Complement of Commissioners2 minute read
- PublicationsFTC and DOL Sign MOU for Cooperation2 minute read
- PublicationsBeyond Civil Enforcement2 minute read
- PublicationsAre Conduct Remedies to Merger Challenges Back on the Table?2 minute read
- PublicationsNew Antitrust Theory: Cross-Market Effects2 minute read
- PublicationsFTC Warns Against Contract Provisions It Believes Could Impede Its Investigations2 minute read
- PublicationsFTC’s Fight with House Judiciary Committee Goes Public2 minute read
- PublicationsAdditional Withdrawals of Long-Standing Guidance and Newly Proposed Merger Guidelines2 minute read
- PublicationsPotential Hart-Scott-Rodino Changes on the Horizon3 minute read
- PublicationsFTC Says State Oversight Cannot Effectively Displace Competition Among Health Care Providers2 minute read
- PublicationsA 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements2 minute read
- Media CoverageAnjana Patel Quoted in “Shifting Antitrust Policies Create Concern in Healthcare M&A”2 minute read
- PublicationsFTC Makes Case for Increased Enforcement2 minute read
- PublicationsSupreme Court Determines That Constitutionality of FTC’s Administrative Review Process Can Be Challenged in Federal ...2 minute read
- PublicationsNew HSR Filing Fee Tier System in Effect2 minute read
- PublicationsSecond Annual Spring Enforcers Summit Kicks Off with Remarks from Jonathan Kanter2 minute read
- PublicationsDOJ’s Antitrust Division Continues Its Pursuit of Overlapping Directorates2 minute read
- PublicationsAccompanying Statements to Hart-Scott-Rodino Annual Report Exemplify Ongoing Tension at FTC2 minute read