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Expert Analysis

Troubleshooting ACO Antitrust Enforcement

Law360, New York (August 22, 2011, 2:28 PM EDT) -- The U.S. Federal Trade Commission and U.S. Department of Justice issued a joint statement regarding how the agencies will enforce the U.S. antitrust laws with respect to new accountable care organizations (ACOs). The joint proposed policy statement solicits public comment on the antitrust agenciesʼ proposed guidance to ensure that newly formed collaborative care organizations, known as ACOs, can innovate to serve Medicare beneficiaries and patients with private health insurance, without raising competitive concerns. The proposed policy statement would create an antitrust "safety zone" for certain ACOs and establish expedited antitrust reviews for others....

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