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14 06, 2022

Q2 2022: Antitrust Enforcement Actions Flourish Against Healthcare Consolidation and Anticompetitive Contracting

It's been a busy month in healthcare antitrust land, both for federal regulators and private plaintiffs, as we saw an explosion of enforcement actions challenging both proposed mergers and anticompetitive conduct that stemmed from previous mergers. From New Jersey to Utah, large health systems such as HCA are being increasingly scrutinized and coming under fire for garnering and using their market power in anticompetitive ways.   Merger Challenges Fresh from its appeals court win in the Hackensack Meridian and Englewood merger challenge, the Federal Trade Commission (FTC) is continuing its momentum and kicking off [...]

Q2 2022: Antitrust Enforcement Actions Flourish Against Healthcare Consolidation and Anticompetitive Contracting
13 06, 2022

City of Brevard, North Carolina v. HCA Healthcare and Mission Health System

Filed in federal district court by the city of Brevard, North Carolina, the lawsuit seeks class action status and alleges HCA used its monopoly power to demand anticompetitive terms that inflated prices in Asheville and seven surrounding counties in North Carolina. According to the complaint, Mission Health, acquired by HCA in 2019, had used its monopoly power in the Asheville region to demand anticompetitive terms in insurer contracts since 1995. This market power was shielded from antitrust scrutiny due to a certificate of public advantage (COPA), which was repealed by state law in 2016. [...]

City of Brevard, North Carolina v. HCA Healthcare and Mission Health System