Portrait of Arthur N. Lerner
Named 2013 Lawyer of the Year in Health Care Law
in Washington, D.C.
by Best Lawyers®

Government Experience

  • U.S. Federal Trade Commission—Assistant Director, Health Care, Bureau of Competition (1982-1985); Attorney Advisor to the Chairman (1979-1981); Assistant to the Director, Bureau of Competition (1978-1979); Trial Attorney, Bureau of Competition (1976-1978)

Education

  • University of Michigan, A.B. (1973) with distinction, high honors
  • Harvard Law School, J.D. (1976) magna cum laude

Admissions

  • District of Columbia
Arthur N. Lerner, Partner Washington, D.C.
alerner@crowell.com
Phone: +1 202.624.2820
1001 Pennsylvania Avenue NW
Washington, D.C. 20004-2595

Speeches & Presentations



Publications

  • "Federal Health Programs and Managed Care Litigation," Managed Care Litigation, 2012 Cumulative Supplement, David Humiston, ed., American Bar Association, Health Law Section (2012). Co-Authors: Arthur N. Lerner, Andrew J. Hefty, and David Didier Johnson.
  • "Federal Health Programs and Managed Care Litigation," Managed Care Litigation 2011 Cumulative Supplement, BNA Books (forthcoming publication). Co-Authors: Arthur N. Lerner and Kathryn Almar.
  • "Federal Health Programs and Managed Care Litigation," Managed Care Litigation 2010 Cumulative Supplement, BNA Books. (2010). Co-Authors: Arthur N. Lerner and Kathryn Almar.
  • "Federal Health Programs and Managed Care Litigation," Managed Care Litigation 2009 Cumulative Supplement, BNA Books (2009). Co-Authors: Arthur N. Lerner and Amy Sandra Lee.
  • "Killing the Messenger: Is There Continuing Relevance to Messenger Model Contracting," chapter in the 2008 edition of the Health Law Handbook, published by Thomson/West (2008). Co-Authors: Arthur N. Lerner and Barbara H. Ryland.
  • "FTC Finds Evanston Hospital Merger Unlawful, But Refuses To Order Spin-Off," American Health Lawyers Association Health Lawyers Weekly (September 2007). Co-Authors: Arthur N. Lerner and Michael W. Paddock.
  • "The Third Circuit Gives Hospitals An Edge Over Rivals in Gordon v. Lewistown Hospital," ABA’s The Health Lawyer, Vol. 19, No. 2 (December 2006). Co-Authors: Arthur N. Lerner, David Florin and Valerie Hinko O’Such.
  • "Federal Health Programs and Managed Care Litigation," Managed Care Litigation, BNA Books (2005). Co-Author: Arthur N. Lerner.
  • "Physicians and Health Plans - Two Views of the Antitrust Future," Northwestern University, (November 2, 2000). Author: Arthur N. Lerner.
  • "Joint Ventures in Health Care: An Antitrust Analysis," American Bar Association Section of Antitrust Law, (2000). Co-Editor: Arthur N. Lerner.
  • "The Practical Implications of the Health Care Quality Improvements Act: An Antitrust Analysis," American Bar Association, Section of Antitrust Law, (1994). Co-Editor: Arthur N. Lerner.


Client Alerts & Newsletters



In the News

  • In Win for FTC, Unanimous High Court Finds No State Action Immunity in Hospital Merger
    February 12, 2013 — BNA's Health Law Reporter

    Washington, D.C.-based co-chair of Crowell & Moring's Health Care Group, Art L. Lerner, comments on the implications of the U.S. Supreme Court ruling on FTC v. Phoebe Putney Health System, Inc. (U.S., No. 11-1160,2/19/13). In reference to Lerner’s view of the ruling, the article notes, "The high court went back to the roots of its state action jurisprudence in holding that there must be an affirmative action policy for state action immunity to apply." Mr. Lerner is specifically quoted with the comment, "It seems entirely logical -- afterwards -- that the decision to apply the doctrine narrowly would be unanimous given that this case involves whether antitrust laws apply rather than how they should be applied."


  • Antitrust Counsel Lines Up for Aetna/Coventry
    August 22, 2012 — Global Competition Review

    Crowell & Moring’s work in Aetna’s $5.7 billion acquisition of Coventry Healthcare featured.


  • Common Problem…But Three-Way Solution May Draw Legal Attention
    August 29, 2011 — Modern Healthcare

    Washington, D.C-based Antitrust Group partner, and co-chair of the firm’s Health Care Group, Arthur N. Lerner talks about the antitrust implications surround the decision made by two Connecticut hospitals to form a three-sided joint venture with an investor-owned operator. 

    According to Lerner, “antitrust enforcers do take into account whether a deal brings benefits to consumers that might outweigh the lessening of competition. They are skeptical if the tie-up does little more than give the two hospitals more bargaining power against commercial health plans, because then the benefits accrue to the hospitals, rather than consumers.

  • Nonprofit Health Care Market Concentration and the Public Interest
    Summer 2011 — Inquiry Journal

    Washington, D.C.-based partner and co-chair of the firm’s Health Care Group, Arthur N. Lerner, served as a panelist in the Inquiry Journal’s “Dialogue Series” that took place on April 18, 2011 about the current state of the health care market. Lerner was joined by a group of leading health care industry professionals to talk about issues surrounding the health care reform debate.


  • Sign of the Times?
    March 15, 2010 — Modern Healthcare

    The U.S. Justice Department may have signaled it's delivering what providers have long asked for: the stomach to scuttle health plan mergers. Or not. Arthur N. Lerner, healthcare and antitrust partner with Crowell & Moring LLP and co-chair of the firm's Health Care Group, believes the U. S. Justice Department's antitrust team under Obama is in fact scrutinizing health-insurance deals more closely. "I will say, from my own experience, the heat is on," Lerner said.

  • How Does Competition Factor into the Health Care Debate?
    October 1, 2009 — Managed Care Outlook, Volume 22, No. 19

    Arthur N. Lerner, co-chair of Crowell & Moring LLP’s Health Care Group, is featured for his comments on the importance of competition in the debate over health care reform. According to Lerner, “Competition keeps premiums down, lower premiums make insurance more affordable, affordable insurance means increased access to health care.

  • Antitrust Allegations; Two III. Doc Groups Accused of Collusion
    July 9, 2007 — Modern Healthcare

    Crowell & Moring Healthcare Group partner Arthur N. Lerner is featured for his thoughts on the antitrust lawsuit filed by Illinois Attorney General Lisa Madigan against two physicians groups. Madigan alleges that the groups conspired to boycott new Medicaid patients in an effort to get higher and faster payments from the state.

  • Part D Fraud, Waste, Abuse Guidance Similar to Integrity Pacts, Attorney Says
    March 1, 2006 — BNA's Health Care Fraud Report

    Crowell & Moring's Health Care Law Group is featured in a recent BNA Health Care Fraud Report article for their Webinar on the Medicare Prescription Drug Benefit – Part D. 

  • Outlook 2006: Medicare Drug Benefit of Highest Concern
    January 4, 2006 — BNA, Inc. Health Plan & Provider

    Health Care Law attorney Art Lerner is featured in a recent article about the new Medicare Part D prescription drug benefit.

    Reproduced with permission from Health Plan & Provider Report, Vol. 12, No. 1 (Jan. 4, 2006).
    Copyright 2006 by The Bureau of National Affairs, Inc. (800-372-1033) <www.bna.com>

  • Art Lerner Quoted in Modern Healthcare for Antitrust Expertise
    April 27, 2005 — Modern Healtcare

    Arthur N. Lerner was quoted in the April 18, 2005 edition of Modern Healthcare regarding the merger of Mease Health Care System and Morton Plant Hospital Association. Lerner, who is a Washington, DC-based partner in Crowell & Moring's Antitrust, False Claims Act, and Health Care Groups, addressed antitrust matters concerning the deal.

    "It was an innovative attempt at letting everybody have their cake and eat it too," said Lerner.

  • Arthur Lerner Cited by BNA's Health Law Reporter for Health Care Antitrust Expertise
    April 22, 2005 — BNA's Health Law Reporter

    Partner Arthur N. Lerner was cited in the March 10, 2005 issue of BNA's Health Law Reporter. The article addressed antitrust concerns faced by pay for performance (P4P) programs, which peg provider payments to patient care as measured by specific criteria. Lerner was cited in the story as advising attorneys to "look at P4P programs and decide whether, deep down, this is just anticompetitive" or is truly creating choice. "I've learned about some programs where I think it is a bit of a front," he told BNA. Lerner directed the Federal Trade Commission's health care antitrust program from 1982 to 1985.



Firm News & Announcements

May.23.2014 Chambers USA Ranks 51 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Apr.08.2014 Crowell & Moring Named Finalist in Global Competition Review's Fourth Annual "GCR Awards"
Sep.03.2013 The Best Lawyers In America 2014 Recognizes 41 Crowell & Moring Attorneys
Sep.01.2013 Super Lawyers 2013 Recognizes 64 Crowell & Moring Attorneys
Jun.10.2013 Deal Note: Crowell & Moring Client Cigna Announces PBM Partnering Agreement with Catamaran
May.24.2013 Chambers USA Ranks 45 Crowell & Moring Attorneys and 19 Leading Practice Areas Among Best in U.S.
Sep.04.2012 The Best Lawyers in America 2013 Recognizes 44 Crowell & Moring Attorneys
Sep.01.2012 Super Lawyers 2012 Recognizes 42 Crowell & Moring Attorneys
Jun.07.2012 Chambers USA Ranks 45 Crowell & Moring Attorneys and 18 Leading Practice Areas Among Best in U.S.
Aug.30.2011 The Best Lawyers in America 2012 Recognizes 43 Crowell & Moring Attorneys
Jun.10.2011 Chambers USA Ranks Crowell & Moring Attorneys and Leading Practice Areas Among Best in U.S.
Oct.08.2010 Crowell & Moring Partner Arthur Lerner Receives District of Columbia Primary Care Association's 2010 Champion of Change Award
Sep.01.2010 Super Lawyers 2010 Recognizes 36 Crowell & Moring Attorneys
Aug.03.2010 The Best Lawyers in America 2011 Recognizes 44 Crowell & Moring Attorneys
Jun.11.2010 Chambers USA Ranks 42 Crowell & Moring Attorneys and 14 Practice Areas as Among Best In Class
Sep.01.2009 Super Lawyers 2009 Recognizes 39 Crowell & Moring Attorneys
Oct.17.2008 Court Issues Final Consent Judgment on United-Sierra Acquisition
Jun.13.2008 Chambers USA Ranks 33 Crowell & Moring Attorneys and 13 Practice Areas as Among Best In Class
Jun.12.2008 Crowell & Moring's Arthur N. Lerner Elected to American Health Lawyers Association Board of Directors
May.30.2008 Case Dismissed: Crowell & Moring Achieves Dismissal of Hospital Class Action Against Health Net
Feb.25.2008 Crowell & Moring's Antitrust Group Represents Sierra Health Services in UnitedHealth Group's $2.6 Billion Acquisition
Jan.04.2008 Nightingale's Healthcare News Names Arthur N. Lerner An "Outstanding Healthcare Antitrust Lawyer"
Nov.08.2007 Crowell & Moring Named To BTI’s "Masters Of The Deal" Corporate Elite
Sep.11.2007 The Best Lawyers in America 2008 Recognizes 34 Crowell & Moring Attorneys
Jun.21.2007 Chambers USA Ranks 28 Crowell & Moring Attorneys and 13 Practice Areas
Aug.04.2006 Bread for the City to Dismiss Lawsuit against District of Columbia, Celebrates Victory for Area Patients
Jun.30.2006 Bread for the City Case Update: District Will Not Implement Requirements Any Sooner Than July 17, 2006
Jun.29.2006 Bread For The City Files Lawsuit Against District of Columbia to Protect Medicaid Patients
Mar.14.2006 Ambulatory Surgery Centers Petition Supreme Court To Overturn Gordon V. Lewistown
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