The Third-Party Perspective: Protecting Payors’ Interests in Antitrust Investigations

The Trump administration has sharpened its focus on hospital systems as a key driver of rising health care costs, and the DOJ and FTC are actively patrolling for anticompetitive conduct and mergers that contribute to these rising costs. Managed care organizations are a critical source of evidence in these investigations and are likely to receive Civil Investigative Demands (CIDs), be contacted by agency staff, or may consider proactively engaging with antitrust authorities to address competitive concerns in their markets.

Participation as a third party in an antitrust investigation involves a myriad of considerations. From minimizing the burden on your business to advancing the strategic goals of your company, there are numerous considerations and strategies to consider when complying with third-party obligations. Understanding these obligations and the options available at each stage of an investigation allows managed care organizations to protect their interests while positioning themselves favorably with antitrust enforcers.

Join us for this webinar as Crowell attorneys—including two senior antitrust lawyers who recently joined us directly from the DOJ Antitrust Division and the FTC—share insider enforcement perspectives and practical guidance on:

• The scope and legal requirements of a CID, including the compliance obligations and critical deadlines that accompany receipt
• How federal antitrust agencies engage with third parties in the course of an investigation, and the nature of the evidence agencies seek from managed care organizations
• The circumstances under which managed care organizations may proactively engage with antitrust authorities to raise competition concerns
• Strategic considerations for managed care organizations and how to develop and execute an effective third-party engagement strategy
• Perspectives from former DOJ and FTC enforcement counsel on how agencies construct merger investigations and the role that third-party evidence plays in shaping enforcement outcomes