Distance Learning

Straight from the Source: Antitrust Implications and Lessons Learned from the Washington AG v. CHI Franciscan Case

Time: 2:00-3:30 PM Eastern (90 minutes)
Session Format: Live Webinar
CLE Credit Available:  Yes


Almost two years ago, healthcare providers and those in the antitrust bar sat up and took notice when the Washington Attorney General’s office filed a complaint against CHI Franciscan, alleging that the not-for-profit health system’s 2016 transactions with two Kitsap Peninsula physician groups violated the antitrust laws.  The State’s lawsuit asked the Court to unwind both transactions and impose millions in civil penalties and equitable monetary relief for ill-gotten gains on all Defendants.  The case was another reminder that antitrust enforcers will pay close attention to physician group acquisitions and affiliations regardless of size.  But this case had a unique twist from its progeny:  the State challenged one of the transactions as a per se illegal price fixing arrangement and the other as an illegal merger.  This approach presented legal issues beyond those present in traditional merger challenges, such as the single entity defense and whether the court should apply the per se, quick look, or rule of reason analysis.  This lawsuit was also filed as an AG-only action, unlike many healthcare merger challenges that involve both federal and state enforcers.
Our panel includes lawyers for both the State and Defendants, and promises to provide an “in the trenches” vantage point on the key issues of the case, such as: 

  • Why does structure of a physician group transaction matter?
  • What’s evidence of anticompetitive harm?
  • What’s the relevance of a physician group that’s in poor financial condition?
  • Is Kaiser part of the relevant market?
  • How important is a strong structural case? (high market shares / concentration level)  

This program is a “must” for healthcare antitrust lawyers and for anyone interested in hospital-physician transactions.

Level of Difficulty: Intermediate

Listen With a Colleague Registration

  • AHLA Member: $149
  • Government, Academician, Public Interest, or Solo Practitioner AHLA Member: $99
  • Student, Paralegal, or Retired AHLA Member: $99
    AHLA Member Listen with a Colleague Option (see "Listen with a Colleague" link on Overview tab): $99
  • Non-AHLA Member: $199

Content Lead:

  • Antitrust Practice Group

Douglas E. Litvack


Davis Wright Tremaine LLP
Washington, DC

Erica Koscher

Assistant Attorney General

Washington State Office of the Attorney General
Seattle, WA

​Ashley M. Fischer (Moderator)


McDermott Will & Emery LLP
Chicago, IL

The “Listen with a Colleague" option allows multiple registrants from the same organization and location to participate in the webinar at a discounted rate. It may ONLY be used if at least one person from your organization and location has registered at the regular/full webinar registration rate. Please note that those who register under the reduced “Listen with a Colleague" rate must access the webinar from the same location and computer as the full-priced registrant they are registered under.

The “Listen with a Colleague" option is continuing legal education (CLE) credit-eligible. In order to obtain a certificate of completion for submission to a state CLE accrediting body, those registered under this option must obtain the attendance verification code—which will be displayed at a random time during the webinar—and enter that code under “Verification Code for Live Webinar" section of the webinar description webpage. Please note that each registrant must submit a complete evaluation from their individual accounts to obtain a certificate of completion.

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  • Registration Closed