Healthcare Competition Toolkit

This Toolkit includes resources that help attorneys litigate and counsel on antitrust issues relating to healthcare competition, including resources on healthcare mergers, pharmaceutical mergers, and pay-for-delay agreements.

Practical Law Antitrust

Healthcare competition is a top enforcement priority for state and federal antitrust authorities and is also frequently the subject of private litigation, particularly with respect to pharmaceutical companies' reverse payment settlement agreements (also known as pay-for-delay agreements).

Antitrust attorneys who litigate or counsel on healthcare matters should stay abreast of decisions regarding:

  • Healthcare mergers, including:

    • healthcare providers; and

    • healthcare insurers

  • Pharmaceutical mergers.

  • Pay-for-delay settlements.

  • Other anticompetitive or possibly anticompetitive healthcare conduct, including:

    • exclusive dealing;

    • monopolization;

    • most favored nation clauses (MFN);

    • refusals to deal; and

    • price fixing.

The Healthcare Competition Toolkit provides several continuously maintained resources to guide counsel in litigating and counseling on healthcare matters. This Toolkit also includes resources on the substantive antitrust laws that are relevant to healthcare competition.

 

Practice Notes: Overview

 

Practice Notes

 

Checklists

 
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