Distance Learning

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

Recorded On: 05/30/2019

Time: 90 minutes
Session Format: On Demand Recording
CLE Credit Available:  No

For on-demand webinar recordings, streaming access is available for 12-months from the date of the live webinar.  After 12-months, on-demand webinar recordings are available through the AHLA Health Law Archive.

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
  • Non-AHLA Member: $149

Content Lead:

  • Antitrust Practice Group

Douglas E. Litvack

Partner

Davis Wright Tremaine LLP
Washington, DC
Bio

Erica Koscher

Assistant Attorney General

Washington State Office of the Attorney General
Seattle, WA

​Ashley M. Fischer (Moderator)

Partner

McDermott Will & Emery LLP
Chicago, IL
Bio