Health Law & Antitrust Seminar

Credit Hours: 2

The Health Law & Antitrust Seminar will cover various topics in health care law, including: (i) the continuing relevance of the Federal Trade Commission’s and Department of Justice’s Statements of Health Care Antitrust Enforcement Policy; (ii) the legal and economic analysis of (a) mergers of hospitals, physician groups, other health care institutions, and pharmaceutical companies; (b) attempts by physicians to collectively bargain with commercial payors of medical services, and the formation of physician networks; (c) agreements between or actions by branded and generic pharmaceutical companies that the Federal Trade Commission has argued delay entry of competing products to the market (the FTC has challenged a number of practices); (d) the formation of Accountable Care Organizations; (e) (alleged) monopsony power of commercial payors; and (f) professional licensing requirements/restrictions; (iii) state action immunity and health care markets; and (iv) Noerr-Pennington exemption and health care markets. In addition to a review of the relevant antitrust case law, we will review the economic literature on health care markets.