Antitrust Markets and ACOs

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 (“FTC”) and the Department of Justice (“DOJ”) have raised concerns that certain ACOs may reduce competition and harm consumers through