Straight from the Source: Antitrust Implications and Lessons Learned from the Washington AG v. CHI Franciscan Case - Listen With a Colleague
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Time: 2:00-3:30 PM Eastern (90 minutes)
Session Format: Listen With a Colleague
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
- AHLA Member: $99
- Antitrust Practice Group