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Epstein Becker Green has enjoyed three decades of success litigating antitrust cases and providing antitrust counseling on behalf of health care clients. The firm also has attorneys who previously served with federal and state antitrust enforcement agencies, handling both merger and non-merger antitrust actions in the health care field. Firm attorneys are authors of texts on antitrust law and provide antitrust advice to federal regulatory agencies and committees of Congress. Epstein Becker Green has developed what we consider to be an outstanding level of experience in health care antitrust law.

Not only do the firm's antitrust attorneys have a high degree of substantive knowledge of the applicable law, but they also have participated in numerous groundbreaking cases that have made precedent in the field. For example:

  • The firm successfully defended the first challenge by the U.S. Department of Justice of a merger between two nonprofit hospitals
  • Epstein Becker Green attorneys initially developed the evidentiary standard for a plaintiff to defeat a motion for summary judgment in a "rule of reason" Section 1 health care antitrust case
  • Epstein Becker Green attorneys first proposed the U.S. Supreme Court's standard for evaluating health care arrangements under the "rule of reason," rather than the "per se" rule
  • Epstein Becker Green is a pioneer in the use of statistical evidence for analyzing health care markets

The firm also provides antitrust counseling to all sectors of the health care industry, including:

  • Hospitals and hospital systems
  • Multi-specialty medical groups
  • Insurance companies
  • Managed care organizations
  • Pharmaceutical companies
  • Physicians
  • Many national associations and alliances of health care providers

Application of the antitrust laws to health care often involves issues unique to the industry that are difficult to appreciate without broad industry knowledge. By coupling an extensive experience in antitrust litigation with a strong background in health care law and the health care industry, Epstein Becker Green is able to provide clients with comprehensive antitrust counseling and defense.