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Expert Analysis

Antitrust Guidance For ACOs: Still Evolving

Law360, New York (May 6, 2011, 2:26 PM EDT) -- In a March 9 column, "Antitrust Risks for ACOs" (Law360), the authors noted some of the antitrust risks faced by accountable care organizations created to participate in the shared savings program of the health care reform statute. In sum, given the needs to bear the financial risks borne by the ACO, realize economies of scale, muster sufficient bargaining power against powerful payors, and achieve the control over patient care necessary to obtain better quality and lower costs, ACOs may need to be large and may need to enjoy some degree of exclusivity....

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