Playing In Peoria: Hospital Exclusive Dealing Case Proceeds

Law360, New York (April 6, 2015, 10:49 AM EDT) -- The waves of change affecting health care providers include reimbursement and funding developments, the impact of the Affordable Care Act, technological and medical advances, provider network design transformations imposed by payors — and antitrust. The Federal Trade Commission's and the U.S. Department of Justice's increased focus on enforcement in health care markets is well documented. What is sometimes forgotten is that the antitrust laws also allow private causes of action brought by competitors, payors or customers. It will likely be a historical footnote that the FTC's seminal St. Luke's case began as private litigation brought by a rival hospital before the FTC or the Idaho attorney general ever showed up....

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