Holland & Knight - Healthcare Antitrust

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Holland & Knight's Healthcare & Life Sciences Industry Sector Group includes a team of lawyers who concentrate on antitrust issues impacting the healthcare industry. Members of our Healthcare Antitrust Team help clients identify, avoid and –when necessary – address potential competition issues. We provide proactive counsel to hospitals, health systems, physician practice groups and managed care providers.


Lawyers on our Healthcare Antitrust Team have significant antitrust experience coupled with in-depth healthcare industry knowledge. We combine the practical application of antitrust laws with our own deep understanding of the healthcare industry to effectively manage your issues and avoid or mitigate exposure.


Our Healthcare Antitrust Team has extensive hands-on experience representing healthcare clients. We offer proactive counsel to help you identify – and avoid – potential competition issues before they become problems. When concerns do arise, we can help you assess your options, develop a strategy to minimize your risks and execute on that strategy before the antitrust enforcement agencies or in court.

Members of our team regularly assist healthcare clients in connection with a wide range of issues, including:

� providing compliance counseling

� establishing and operating "messenger-model" physician organizations

� advising on the creation of accountable care organizations

� structuring joint ventures

� guiding clients through mergers and acquisitions, from preparing Hart-Scott-Rodino filings to responding to Second Requests from antitrust enforcement agencies

� developing exclusive provider arrangements and exclusive contracts for services

� negotiating with third-party payers and managed care plans

� defending against allegations of price fixing or other horizontal restraints of trade, including monopolization or attempts to monopolize

� addressing staff privilege disputes

� evaluating and assisting in enforcement of noncompete provisions in employment or distribution agreements


� Served as lead counsel for a distributor of dental supplies and equipment in a) an eight-week trial against the Federal Trade Commission (FTC), b) a three-week trial of a competitor action and c) a nationwide putative class action alleging a pricefixing conspiracy, group boycotts, customer allocation, employee no-poach agreement and information exchange claims

� Obtained dismissal of a lawsuit claiming violations of various antitrust laws, including the Sherman Antitrust Act and Florida Antitrust Act, on behalf of a medical supplies manufacturer

� Defended an international pharmaceutical manufacturer in class action and opt-out actions alleging price fixing and Robinson-Patman Act violations

� Represented a pharmaceutical manufacturer in federal multidistrict antitrust litigation and in various indirect purchaser antitrust actions in state courts

� Successfully defended a major pharmaceutical company against antitrust counterclaims brought in a patent infringement action pursuant to the Hatch-Waxman Act against the filer of an abbreviated new drug application

� Secured full dismissal of antitrust and patent invalidation claims made against a pharmaceutical company

� Represented a group of physicians in an adjudicatory proceeding before the FTC involving price-fixing allegations

� Represented a hospital and physician group in a lawsuit involving claims of monopolization and attempted monopolization

� Represented a hospital system and staffing agency in a lawsuit involving claims under the Sherman Antitrust Act and the False Claims Act


Bill Katz Partner | Dallas 214.969.1330 william.katz@hklaw.com

Kenneth Racowski Partner | Philadelphia 215.252.9580 kenneth.racowski@hklaw.com

David Kully Partner | Washington, D.C. 202.469.5415 david.kully@hklaw.com

Beth Evans Vessel Partner | Nashville 615.850.8867 beth.vessel@hklaw.com

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