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Sheppard Mullin Antitrust Team Contributes to ABA's Antitrust Health Care Handbook - Fifth Edition

American Bar Association
08.2022

Several members of Sheppard Mullin’s Antitrust practice group contributed to the fifth edition of the Antitrust Health Care Handbook, including Washington, D.C. partner John Carroll, who served as lead editor. The handbook provides a detailed and up-to-date treatment of antitrust issues in U.S. health care. It is a practical and valuable resource for health care practitioners and their clients.

Representing a sizable portion of the American economy, few industries in the United States have received more attention from the press, legislators and antitrust agencies than the health care industry, particularly in recent years. The health care industry is also one of the most complex and dynamic industries in the world.

In the 11 years since the publication of the fourth edition of this handbook, individuals and companies in the industry have had to grapple with significant changes, including new laws and regulations, changes in managed care contracting and a variety of significant economic pressures—and the antitrust agencies have promised to keep up with these changes and continue their robust enforcement in health care markets.

Topics addressed in the fifth edition include:

  • Thorough antitrust overview, application of the antitrust laws to health care and enforcement and penalties
  • Basic concepts and principles, including interstate commerce, market power, monopolization, mergers and private actions
  • Relevant markets for health care: hospitals, physician services, health plans, etc.
  • Pricing conduct in health care industries, such as price-fixing agreements, competitor exchanges and unilateral pricing conduct
  • Nonprice conduct in health care industries, including hospital medical staff privilege decisions and vertical nonprice exclusionary conduct
  • Antitrust exemptions and immunities, such as state action, labor unions and local government antitrust act
  • Best practices for preventing and minimizing problems

Sheppard Mullin has a leading Antitrust practice and Healthcare industry team. The firm was recently shortlisted for American Lawyer’s 2022 Health Care/Pharmaceuticals Practice Group of the Year.

In addition to John Carroll, the Sheppard Mullin attorneys who contributed to this book include Jarrod Brodsky, Katie Daw, Rachel Guy, Thomas Tyson and former associate Kevin Costello who is now serving as a judicial law clerk.

 To order this handbook, please click here.

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