Overview
Epstein Becker Green has been supplying clients in the health care and life sciences, financial services, manufacturing, and transportation industries, among others, with innovative antitrust counseling and litigation services for five decades.
Using its strategic vision and working knowledge of antitrust compliance and enforcement processes, the Antitrust Group at Epstein Becker Green assists clients in developing compliance strategies and minimizing antitrust exposure, including defending mergers and acquisitions, business relationships and policies, and other aspects of the clients’ operations.
We Know Your Industry
At Epstein Becker Green, we understand that the application of antitrust laws to health care and other heavily regulated institutions often involves issues unique to their industry that are difficult to appreciate without broad industry knowledge. Accordingly, members of the Antitrust Group have in-depth knowledge of all aspects of their clients’ industries.
With regard to the health care and life sciences industry, the Antitrust Group’s services are regularly utilized by hospitals, hospital systems, physicians, multi-specialty medical groups, insurance companies, managed care organizations, pharmaceutical companies, and many national associations and alliances of health care providers.
Who We Are
Members of the Antitrust Group have extensive experience representing health care clients in antitrust matters before the Federal Trade Commission (FTC), the U.S. Department of Justice (DOJ), and state antitrust enforcement authorities (in fact, Epstein Becker Green obtained the country’s first antitrust business clearance in a matter involving joint planning by hospitals in Virginia in 1977). In addition, our members have previously served with federal and state antitrust enforcement agencies, handling both merger and non-merger antitrust actions in the health care field, and have submitted amicus curiae briefs to the Supreme Court of the United States and federal appellate courts.
How We Help
By coupling extensive experience in antitrust matters with a strong background in our clients’ industries, the Antitrust Group at Epstein Becker Green is able to provide clients with comprehensive antitrust counseling and defense services. Specifically, these services include, but are not limited to, the following:
- Developing compliance plans and programs to ensure that business practices and operations conform to applicable federal and state laws and regulations
- Performing antitrust compliance audits of existing contracts, strategic partnerships, and financial relationships, and conducting internal investigations
- Advising clients on antitrust compliance issues involved with mergers and acquisitions, expansions, joint ventures, collaborations, and other transactions
- Providing merger analysis and antitrust litigation risk assessments
- Counseling clients on distribution arrangements, standards issues, and joint purchasing arrangements
- Assisting with antitrust training programs
- Representing clients in civil and criminal antitrust and consumer law matters
- Representing clients in investigations and/or antitrust litigation by the FTC, DOJ, and other federal or state enforcement agencies or private parties concerning Sherman Act, Hart-Scott-Rodino Act, and other federal and state antitrust law violations; price fixing, predatory pricing, and unfair competition claims; contested mergers and acquisitions; disputes over exclusive contracts and distribution arrangements; monopolization claims; and restraint-of-trade allegations
For clients in the health care and life sciences industry, we also do the following:
- Gain merger clearance for hospitals
- Assess antitrust issues related to the formation and operation of joint ventures to allow health care providers to engage in innovative payment methodologies
- Develop strategies to enable health care providers to share data as part of quality improvement processes
- Provide antitrust compliance guidance for accountable care organizations and other alternative payment structures
- Counsel pharmaceutical clients on customer pricing strategies and arrangements
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Focus Areas
Experience
Contacts
Member of the Firm
General Counsel / Chief Privacy Officer
Media
Events
Past Events
- June 12-14, 2023
Insights
Insights
- PublicationsLatest Status of Proposed Merger Guidelines2 minute read
- PublicationsFTC Chairwoman Defends Agency’s Enforcement Record2 minute read
- PublicationsThe Federal Trade Commission Moves Closer to a Full Complement of Commissioners2 minute read
- PublicationsFTC and DOL Sign MOU for Cooperation2 minute read
- PublicationsBeyond Civil Enforcement2 minute read
- PublicationsAre Conduct Remedies to Merger Challenges Back on the Table?2 minute read
- PublicationsNew Antitrust Theory: Cross-Market Effects2 minute read
- PublicationsFTC Warns Against Contract Provisions It Believes Could Impede Its Investigations2 minute read
- PublicationsFTC’s Fight with House Judiciary Committee Goes Public2 minute read
- PublicationsAdditional Withdrawals of Long-Standing Guidance and Newly Proposed Merger Guidelines2 minute read
- PublicationsPotential Hart-Scott-Rodino Changes on the Horizon3 minute read
- PublicationsFTC Says State Oversight Cannot Effectively Displace Competition Among Health Care Providers2 minute read
- PublicationsA 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements2 minute read
- Media CoverageAnjana Patel Quoted in “Shifting Antitrust Policies Create Concern in Healthcare M&A”2 minute read
- PublicationsFTC Makes Case for Increased Enforcement2 minute read
- PublicationsSupreme Court Determines That Constitutionality of FTC’s Administrative Review Process Can Be Challenged in Federal ...2 minute read
- PublicationsNew HSR Filing Fee Tier System in Effect2 minute read
- PublicationsSecond Annual Spring Enforcers Summit Kicks Off with Remarks from Jonathan Kanter2 minute read
- PublicationsDOJ’s Antitrust Division Continues Its Pursuit of Overlapping Directorates2 minute read
- PublicationsAccompanying Statements to Hart-Scott-Rodino Annual Report Exemplify Ongoing Tension at FTC2 minute read
- PublicationsDOJ Withdraws Long-Standing Health Care Antitrust Enforcement Policy Statements2 minute read
- PublicationsRecap: Top 10 Antitrust Issues in 20222 minute read
- PublicationsAfter 200+ Years Under State Law, FTC Proposes to Sweep Away All Noncompetes in Unauthorized Federal Power Grab ...3 minute read
- PublicationsDOJ and HHS Coordinate Enforcement Efforts in Health Care2 minute read
- PublicationsDOJ Continues to Emphasize Antitrust Merger Enforcement2 minute read
- PublicationsFTC Tries Again to Provide Guidance on Enforcement Under Section 5 of FTC ActNovember 17, 20224 minute read
- PublicationsIndependent Physician Association Enforcement Not Forgotten2 minute read
- PublicationsFTC Commissioner Favors Fairness over Efficiency2 minute read
- PublicationsFTC Testimony to Senate—with a DissentSeptember 29, 20222 minute read
- PublicationsFTC Publishes Its Strategic Plan for Next Five Years2 minute read
- PublicationsFTC Maintains Strong Opposition to COPAsAugust 25, 20222 minute read
- PublicationsFTC Reaches Agreement with NLRB to Further Protect Labor Markets1 minute read
- PublicationsOn First Anniversary of Executive Order on Competition, DOJ Celebrates Interagency Efforts to Promote Competitive Markets ...June 28, 20222 minute read
- PublicationsRecent Actions Highlight That Price Fixing Reaches Beyond Agreements on the Ultimate Price1 minute read
- PublicationsFTC’s PBM Study Signals Broader Federal Scrutiny of the Prescription Drug Sector23 minute read
- PublicationsFederal Trade Commission’s Focus on Pharmacy Benefit Managers2 minute read
- PublicationsConstitutionality of FTC’s Structure and Procedures Under SCOTUS Review2 minute read
- PublicationsFTC Has Full Slate of Commissioners1 minute read
- PublicationsFinal Listening Forum on Firsthand Effects of Mergers and Acquisitions to Be Held on May 12, 20222 minute read
- PublicationsWhat Happens When Parties Abandon a Transaction Challenged by the FTC?April 21, 20222 minute read
- PublicationsAmerican Hospital Association Pushes for Updates to Merger Guidelines2 minute read
- PublicationsFTC and DOJ to Hold Listening Forums on Merger Experience2 minute read
- PublicationsReturn of Early Termination of the HSR Waiting Period Not on the FTC’s Agenda, According to Commissioner Phillips ...2 minute read
- Media CoverageHow I Made Partner: "You Want to Be Someone That Partners Can Count On," Says Scheherazade Wasty of Epstein Becker Green ...2 minute read
- Media CoverageRandall Lee, Scheherazade Wasty Featured in “New Partners Yearbook 2022”2 minute read
- PublicationsRevised HSR Thresholds in Effect on February 231 minute read
- PublicationsAntitrust Enforcers Continue March to Protect Labor Markets in Health Care and Other Industries2 minute read
- PublicationsFTC and DOJ Seek Public Comments on Merger Guidelines2 minute read
- PublicationsRecap: Top 10 Antitrust Issues in 20212 minute read
- Firm Announcements
John Steren, Patricia Wagner Recognized by The National Law Review as 2021 “Go-To Thought Leaders” in FTC Regulation ...
3 minute read