Providers and payers are routinely subject to allegations of anticompetitive conduct. Many common practices in the healthcare industry, such as exclusive contracts and vertical restraints, can have competitive effects that come under antitrust scrutiny. Many healthcare-related industries are innovation-based and require careful attention to both the long and short-run effects of alleged behavior or proposed remedies. Our clients count on us for analysis and testimony that assesses competitive impact and evaluates allegations in a clear and balanced manner.
- Supported the expert on behalf of the California Attorney General in UFCW & Employers Benefit Trust v. Sutter Health et al. The lawsuit alleged that anticompetitive practices by Sutter had led to higher healthcare costs for patients in Northern California compared to other places in the state. The parties reached a settlement in which Sutter Health is expected to pay $575 million in compensation and agree to significant conduct remedies.
- Provided written and deposition testimony on monopoly power, monopsony power, and exclusionary conduct on behalf of Steward Health Care in Steward Health Care System LLC et al. v. Blue Cross & Blue Shield of Rhode Island.
- Working on behalf of the Federal Trade Commission, analyzed the competitive effects of a Texas Medical Board rule requiring that physicians meet face to face with patients before offering certain services, such as prescribing medication over the telephone.
- On behalf of defendant WellPoint, in In re WellPoint, Inc. Out-of-Network “UCR” Rates Litigation, provided written and deposition testimony on economic issues associated with class certification and merits in connection with alleged underpayment of out-of-network benefits associated with alleged violations of Employee Retirement Income Security Act (ERISA), California Unfair Competition Law, breach of warranty, and breach of implied covenant of good faith obligations.
- In Sheridan Healthcorp v. AvMed, provided economic analysis and testimony on alleged monopolization of the market for certain physician services following a series of mergers, affiliations, and exclusive arrangements.
- Provided expert testimony for United Health to assess damages in Omnicare v. United Health, a lawsuit alleging that pre-merger coordination led to the joint exercise of monopsony power.
- In United States and State of Texas v. United Regional Health Care System, retained as testifying expert on behalf of the Department of Justice to analyze the competitive effects of United Regional’s exclusionary contracts with health insurers.