In this issue: The FTC and DOJ have created a Draft Proposal regarding how they might analyze competitive aspects of ACOs created under ObamaCare.The Draft contains features from both conventional merger and health insurance analysis. Will this change the way conventional mergers are analyzed? We’ve asked four experts to sort and clarify this new approach […]

Laura Atlee, Yves Botteman, May 12, 2011 We have previously discussed the Akzo Nobel Chemicals case, in which the Court of Justice of the European Union (formerly European Court of Justice) continued to attribute joint and several liability to parent companies for cartel infringements committed by their wholly owned subsidiaries. The attribution of liability has major implications for […]

David Argue, John Gale, May 12, 2011 The Affordable Care Act signed into law in March 2010 has promised that the concept of accountable care organizations (“ACOs”) will transform how medical care is provided and paid for in the United States. As befits their role as enforcers of the antitrust laws, the Federal Trade Commission […]

Tasneem Chipty, May 12, 2011 Health care markets involve a complex interaction of facilities, physicians, and health plans to deliver patient care. Under ideal circumstances, the forces of competition would lead inevitably to appropriate, high quality patient care at low prices. The competitive process, however, requires sufficient flow of information and aligned incentives. Absent these […]

David Pearl, Toby Singer, May 12, 2011 On March 31, 2011, the Federal Trade Commission and the Antitrust Division of the Department of Justice (the “FTC and “DOJ” or the “Agencies”) issued a Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program. (“Proposed Statement). The Proposed Statement offers […]

Daniel Bachner, Mark Popofsky, Jane Willis, May 12, 2011 On March 31, 2011, the Federal Trade Commission (“FTC”) and the U.S. Department of Justice (“DOJ”) released a joint Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program (the “ACO Statement” or “Statement”). The ACO Statement incorporates a market-share […]