Antitrust Issues In Bilateral Monopolies

Law360, New York (November 8, 2011, 1:52 PM EST) -- Large health systems or physician groups with substantial market share in a particular geographic area — so-called dominant providers — must deal with a number of antitrust issues associated with, among other things, managing relationships with physicians and other providers and, of course, negotiating with payers.

Similarly, dominant payers also face potential antitrust exposure in several areas, including most favored nation clauses (MFNs) and other arrangements they may have with providers. For example, the U.S. Department of Justice is currently challenging Blue Cross Blue Shield of...
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