Crowell & Moring offers clients one of the nation's leading health care antitrust practices. Our lawyers have years of experience as well as extensive background in government health care antitrust law enforcement and in the antitrust and health law bar. Our health care antitrust team, which includes a former chief of the Federal Trade Commission's (FTC) health care antitrust enforcement efforts, integrates exceptional antitrust capability with our longstanding national health care practice, and represents a broad spectrum of health care organizations.
Our antitrust practice provides practical, insightful, and forceful representation in the full range of antitrust matters, including litigation, mergers and acquisitions, government investigations, transactions, and counseling. We work with for-profit and not-for-profit organizations, including health insurers, hospitals and other providers, pharmaceutical, and medical device companies.
Our litigation practice includes defending health plans and provider-sponsored managed care organizations against provider network exclusion and boycott claims; defending against class action claims by provider groups challenging alleged discrimination in health plan contracting and payment terms; defending hospitals against conspiracy and rate setting litigation; representing health plans in suits to recover for overcharges; and defending pharmaceutical companies against monopolization, restraint of trade, and price discrimination charges.
Our integrated health care practice makes us particularly effective in providing antitrust counsel to clients in this highly regulated industry. Delivering optimal advice requires sensitivity to the complex interplay of the market and regulation in health care matters, such as structuring joint ventures among service providers and payors, responding to inquiries or investigations by the FTC or the Department of Justice (DOJ), either of the client or of third parties, and helping clients protect themselves from the anti competitive practices of others.
- Representing Coventry Health Corporation in its $5.7 billion sale to Aetna
- Representing Humana, Inc. in its acquisition of Arcadian Management Services
- Representing Siemens Healthcare in its global collaboration with Varian Medical Systems
- Representing Guided Sierra Health Services through antitrust challenges related to its $2.6 billion sale to UnitedHealth Group, defending the deal through investigations by the Department of Justice, the Nevada Attorney General and the Nevada Division of Insurance, and obtaining approval of the final consent judgment, clearing the way for the acquisition to close
- Obtaining an early, voluntary dismissal for HealthNet Inc. in a lawsuit alleging a price-fixing conspiracy under California's Cartrwright Act and Unfair Competition Law
- Representing Detroit area hospital Bon Secours against charges that it had conspired with other area hospitals to depress nurse wages
- Achieving early termination of a DOJ antitrust investigation into a health plan's acquisition of a competing health insurer sponsored by a local provider organization
- Defeating plaintiff's request for a preliminary injunction and securing voluntary dismissal with prejudice of claims by a plaintiff provider network organization challenging alleged monopolization and refusal to deal by our client, a joint venture PPO sponsored by competing hospitals in Indiana
- Securing voluntary dismissal for a health insurance trade association of antitrust allegations by a putative statewide class of chiropractors that the association had conspired with HMOs to boycott chiropractors
- Defending a hospital system against charges that it had conspired to boycott the plaintiff hospital and had attempted to monopolize the hospital market by offering variable discounts based on the number of hospitals included in a payer's PPO network, and by excluding the plaintiff hospital from participation in our client's own HMO plan; winning summary judgment, which was affirmed upon appeal
- Representing DuPont Pharma (now Bristol Myers Squibb) in the Coumadin antitrust litigation and negotiating favorable settlement of a class action litigation alleging monopolization of the warfarin drug market with Coumadin