What The New ACO Guidelines Tell Us About Antitrust

Law360, New York (November 4, 2011, 3:29 PM EDT) -- The Federal Trade Commission and U.S. Department of Justice (the agencies) issued a joint policy statement on Oct. 20, 2011, providing antitrust guidance to those considering forming Accountable Care Organizations.[1]

Although the statement focuses on providing ACOs with a detailed antitrust framework, it also sheds light on the agencies’ current thinking on antitrust enforcement for the health care sector overall and in other sectors.

So what does the ACO statement tell us about the current antitrust environment? There are four key lessons that companies in all...
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