We provide clients with antitrust counsel experienced in all aspects federal and state law applicable to the competitive issues that face healthcare clients. Our experience in mergers and acquisitions, federal and state investigations and reviews, information exchanges, contract restrictions, exclusionary practices, competitive relations and other matters of relevance to competition in healthcare is extensive.
We assist clients in competitive analysis of mergers and acquisitions, management of due diligence and pre-closing activities, preparation of premerger notifications (HSR filings), and dealings with State Attorneys General (AGs), the Federal Trade Commission (FTC) and the Department of Justice (DOJ) in connection with the review and investigation of acquisitions. We also provide guidance to clients in connection with competitive issues relevant to the Maine Hospital Cooperation Act, certificates of need and conversion proceedings.
We have extensive experience in the wide variety of competition issues inherent in dealings with competitors, including limitations on the sharing of data and competitive information, joint venturing and joint purchasing arrangements, exclusionary practices, industry trade associations and other activities.
We provide guidance concerning competitive issues associated with contract restrictions, exclusive dealing arrangements, “most favored nations” clauses, other vertical exclusionary practices and the improper exercise of market power.
We also assist clients in responding to civil and criminal investigations initiated by the DOJ, FTC, state AGs, and other regulatory entities into matters involving competition, including in responding to subpoenas for documents or depositions and representing clients who are the principal targets of investigations.