Avoiding Antitrust Enforcement in Health Care Joint Ventures

Healthcare attorney Brian Browder and antitrust attorneys Bill Katz and Alexander Dudley co-authored an article for Law360 addressing antitrust considerations for participants in healthcare joint ventures. Increased government scrutiny of combinations in the healthcare industry, including challenges from the Federal Trade Commission (FTC), means some providers are pursuing joint ventures as a way to achieve procompetitive benefits of traditional mergers while managing antitrust risks. In this article, the authors provide an overview of factors for companies to keep in mind when forming a joint venture. They cover how the Sherman Act and FTC Act may affect joint ventures, how to handle the exchange of competitively sensitive information, how to tailor noncompete provisions in governing documents and more.

The authors also published a Holland & Knight client alert on this topic.

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