Antitrust & Trade Regulation

Crowell & Moring is proud to be considered one of the nation's leading health care antitrust practices. The lawyers in our antitrust practice draw on years of client representation experience, and in many instances have held significant leadership positions in government health care antitrust and unfair trade practice law enforcement.

We handle a full range of antitrust litigation, transactional, and counseling matters for health care clients, taking pride in providing practical and effective representation. Typical engagements include the following:

  • Litigating cases involving allegations of price fixing, monopolistic bundling of hospital prices, mergers, and managed care boycotts and network exclusion
  • Representing health insurers, hospitals, provider networks, and managed care companies on mergers and acquisitions, including the Hart-Scott-Rodino premerger notification process
  • Structuring and representing joint venture initiatives among health care providers and payors, including accountable care organizations (ACOs)
  • Bringing recovery actions on behalf of clients for overcharges resulting from monopolization and restraints of trade
  • Defending hospitals accused of collusion in the establishment of nurse wage levels
  • Designing antitrust compliance programs and providing live and Internet-based antitrust compliance training
  • Defending pharmaceutical companies against monopolistic practice claims and restraint of trade and price discrimination allegations concerning managed care contracts
  • Defending health care clients under investigation by federal and state antitrust enforcement officials
  • Protecting clients from unfair trade practices, exclusionary conduct, and anticompetitive conduct by others
  • Providing in-depth practical guidance and representation for health care clients on most favored nations clauses and exclusivity provisions
  • Designing electronic commerce ventures to guard against antitrust abuses
  • Helping health care providers form and operate permissible managed care network organizations and joint ventures
  • Providing guidance on pharmaceutical pricing rebates and Robinson-Patman Act compliance
  • Litigating Tunney Act proceedings on the sufficiency of government consent judgments
  • Advising on physician credentialing and privileges disputes
  • Representing health care organizations in state and federal investigations into unfair and deceptive trade practice allegations, including false advertising and breach of fiduciary duty
  • Advising trade and professional associations on antitrust compliance