Health Care

Sonnenschein antitrust attorneys have extensive experience representing health care organizations in connection with antitrust and unfair competition matters, including litigation and government investigations, regulatory proceedings and hearings, various forms of competitor collaborations and day-to-day compliance counseling. Our clients include hospitals, health systems, physician groups, group purchasing organizations, insurers, pharmaceutical companies, medical suppliers and other health care organizations.

Representative Matters

• Analyzed the competitive consequences of mergers, acquisitions, joint ventures and other forms of integration, helping clients to structure the arrangement, obtain regulatory approval and implement the transaction.
• Represented clients in connection with investigations, regulatory proceedings, hearings and other interactions with the Federal Trade Commission, Department of Justice, state attorneys general, departments of insurance and other regulators.
• Represented clients in a variety of lawsuits, including class actions and other lawsuits relating to matters such as prescription drug pricing; competition between brand name and generic drugs; alleged suppression of stipends paid to medical residents; alleged collusion in the purchase of services from personnel agencies; and Blue Cross/Blue Shield compensation procedures.
• Counseled clients on a variety of complex antitrust compliance issues and business strategies, including: exclusive dealing arrangements, exclusive contracts with physicians and other providers; joint contracting by physicians; joint marketing; “bundled” pricing arrangements; manufacturer pricing and rebate plans; volume purchase arrangements and Robinson-Patman Act/non-profit exemption analysis; joint/group purchasing arrangements; competition between specialty hospitals and general acute care hospitals; hospital affiliations; medical staff membership and bylaw structure; physician recruitment plans; certificate of need activities; HMO affiliation relationships; physician/hospital organization activities; managed care contracting arrangements; HMO/PPO structure and operation; and information sharing.