Healthcare Antitrust Issues Beyond Formal Mergers: Joint Ventures, ACO's and Clinical Integration

Production Date: September 18, 2015 Practice Areas: Business, Corporate, & Securities Law, Health Care Law, Mergers & Acquisitions, and Antitrust Estimated Length: 3653 minutes


$ 59 Business, Corporate, & Securities Law, Health Care Law, Mergers & Acquisitions, and Antitrust In Stock

This seminar, presented by Sheppard Mullin partner David Garcia, provides an overview of the antitrust issues peculiar to currently evolving healthcare provider transactions short of full-fledged conventional mergers that have quickly proliferated as healthcare providers attempt to respond to the changing environment created by the Affordable Care Act. These transactions typically have as their major economic purpose the creation of an ability to jointly negotiate with private third party payor plans on behalf of healthcare providers who would otherwise be prevented from doing so collectively by conventional antitrust principles. Resort to transactions and corporate structures to achieve these goals short of a full-fledged merger in turn springs, at least in large part, from a recognition of the enhanced scrutiny and regulatory skepticism now confronting conventional horizontal mergers between healthcare providers like hospitals and large doctor groups.


The types of structures that will be considered in the seminar include joint ventures, accountable care organizations, various sorts of physician/hospital affiliations, and a species of management and economic integration peculiar to the healthcare marketplace known as "clinical integration" which does not actually require any specific corporate transactional form. Each of these alternative transactions short of a standard merger presents its own particular antitrust concerns, and unlike the conventional merger context, in which the concerns typically involve an analysis of whether the merged entity will be able to exercise market power, some of these structures also raise complex issues under Section 1 of the Sherman Act, which prohibits conspiracies and agreements in restraint of trade between independent economic actors.


Learning Objectives:

I.   Summarize a concise cataloguing of the various types of proliferating healthcare corporate and organizational structures now sweeping provider-side healthcare short of classic mergers

II.  Understand the antitrust risks associated with each of these corporate structures

III. Identify business objectives and/or market characteristics that could make one or more of these structures more or less commercially and/or organizationally attractive

IV. Introduce the status of legal review by agencies and the courts of these various alternatives


William S.
Winston-Salem, NC


Dennis S.
Bedford, NY

Very clear presentation especially to someone like me who does not practice antitrust law.

Linda K.
Red Hook, NY

Very timely and informative!

Alexandra G.
montclair, NJ

Excellent presentation. I'd like to see this presenter do a "nuts and bolts" presentation on various arrangements he mentions.

patrick r.
Malibu, CA


Wallace R.
Long Beach, CA

Very informative

Anthony L.
Utica, NY

Excellent presentation of a newly evolving & important body of legal advances

Yasmine R.
Long Beach, NY

Easy to listen to this presenter

Jennie C.
Holbrook, NY

Lawline's online format is wonderful for CLE. Very user friendly and intuitive, and I love that I can swap out the video and slides, and add my own notes.

John J. P.
White Plains, NY

Very useful presentation!

cindy W.
Tustin, CA

So much to think about regarding this

William G.
New Canaan, CT

This course is highly informative for the antitrust novice. Unfortunately, the subject matter is far beyond the realm of my practice.

Timothy N.
Irvine, CA


Howard K.


Dale D.
Glenview, IL


Lawrence R. F.
mchenry, IL

good basic information

Mark M.
Elmhurst, IL

nicely addresses health care merger issues in anti trust context.

Lynne C.
Champaign, IL

A very complicated topic to present in one hour - especially to viewers with not much background in this area. Mr. Garcia is clearly very knowledgeable and covered a lot of ground.

Patricia F.
Chicago, IL

Very incisive

Lee C.
Wheaton, IL

good topic

Deon F.
Chicago, IL

this was great

Susan M. B.
Massapequa, NY

Relevant information in today's changing health care environment. Detailed slides helpful

Suzanne T.
New York, NY


Meah C.
Seattle, WA

concise, great, even for entry-level listeners

Steven F.
Mountain View, CA

Very good presentation on complex topic.

reuben c.
Jurupa Valley, CA

good job!

Kathryn B.
Newport Beach, CA

Excellent presenter.

Gbolahan E.
Baltimore, MD

Very helpful

Suuzen Ty A.
The Villages, FL

Extremely interesting explanation of how health-care businesses are teaming up post-Affordable Care Act, and when the coordination between entities may voilate antitrust laws.

Henry G.
washington, DC

Great presenter and knows his subject!!

Pamela B.
Walnut Creek, CA

Absolutely terrific delivery regarding a complicated and changing arena

George E.
Bradenton, FL

Very well done

Maryalice K.
Anaheim, CA

I look forward to more seminars on this topic including setting up and selling home health agencies, hospitals, clinics etc.

Jeffrey B.
Carle Place, NY


Abrar Q.
Chicago, IL

Interesting and detailed