Clinical Integration And The Antitrust Rule Of Reason

Law360, New York (July 13, 2007, 12:00 AM EDT) -- An important and often vexing issue for health care provider joint ventures is determining when the venture is sufficiently clinically integrated so that if it contracts collectively with providers, its activities will be tested under the more forgiving antitrust rule of reason.

One touchstone in the limited amount of guidance that has emerged since clinical integration was first added to the U.S. Department of Justice’s and Federal Trade Commission’s Antitrust Health Care Guidelines in 1996 was the FTC’s 2002 staff advisory opinion in MedSouth Inc. (both...
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