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Antitrust & Trade Regulation

Post & Schell, P.C.'s national Antitrust & Trade Regulation Group provides litigation, trial, compliance and consulting services to both proprietary and not-for-profit corporations and associations in a variety of industries. Our antitrust and trade regulation attorneys have actively litigated antitrust suits nationally as lead trial counsel, and have counseled clients in numerous states, including Arizona, California, Oregon, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Michigan, Montana, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Pennsylvania, South Dakota, Tennessee, Vermont, Washington, and Wyoming.

Although our Antitrust & Trade Regulation Group serves a variety of industries, its attorneys possess particularly extensive national antitrust litigation, trial, compliance and consulting experience and broad-based knowledge in the healthcare industry, providing these services to integrated delivery systems, multi-hospital systems, academic/teaching hospitals, medical schools, stand-alone hospitals, physician-hospital organizations, downstream healthcare providers, as well as the directors and officers of these enterprises.
 

Complete Antitrust and Trade Regulation Services:

Post & Schell provides antitrust and trade regulation services, including:

  • Defending healthcare institutional providers in antitrust litigation brought by ancillary healthcare providers in, for example, the home health care, durable medical equipment, infusion therapy, retail pharmacy, and non-emergency ambulance transport industries;
  • Development of compliance plans for institutional healthcare providers generally, as well as with specific reference to compliance with state and federal regulations and accreditation standards regarding ancillary healthcare providers;
  • Defending healthcare institutional providers in antitrust litigation involving a broad spectrum of medical staff issues including, for example, denials of applications for appointment/reappointment, medical staff appointment and reappointment criteria, exclusive contracts, class-based exclusions, medical staff moratoria, special prerogatives, economic credentialling, and disruptive behavior;
  • Strategic legal planning and counsel for institutional healthcare providers involving a broad spectrum of medical staff and governance issues including, for example, medical staff organization/reorganization, medical staff development, conflict of interest policies, economic credentialing, moratoria, medical staff appointment/reappointment criteria, physician recruitment, acquisition and divestiture of physician practices, allied health providers, corrective action, hearing and appellate review processes, disruptive physician policies, physician sexual harassment policies, and institutional policies and protocols designed to enhance the provider's product and geographic markets;
  • Defending healthcare institutional providers and managed care payors in antitrust litigation involving a broad spectrum of provider exclusion and over-inclusion issues;
  • Strategic legal planning and counsel regarding a broad spectrum of integration issues;
  • Representation of institutional healthcare providers and payors in contract negotiations;
  • Defending healthcare institutional providers in private antitrust litigation challenging mergers, affiliations, and acquisitions;
  • Provision of a broad array of educational services to institutional healthcare providers and payors designed to impact the behavior of their core constituencies, thus risk managing pro- actively their prospective antitrust exposures;
  • Representation of institutional healthcare providers in structuring their provision of ancillary services such as, for example, home health care, durable medical equipment, infusion therapy, retail pharmacy, and non-emergency ambulance transport;
  • Defending a broad spectrum of non-healthcare related proprietary and not-for-profit corporations and associations in a variety of non-healthcare industries in antitrust litigation involving, for example, alleged conspiracies, price fixing, group boycotts, exclusive dealing arrangements, and tying arrangements;
  • Post-trial and Appellate Antitrust Litigation