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The MSBA's Health Section Presents


Current Trends in FTC/DOJ Antitrust Enforcement in the Health Care Industry

With health care costs seemingly spiraling out of control, federal antitrust regulators have turned a watchful eye on the industry. The FTC and DOJ have made it clear that they will aggressively challenge both new transactions and established practices they believe threaten competition. And in fact the last several years have seen new and untested action by the DOJ and FTC. From blocking rural hospital combinations, to raising monopolization claims against some of the nation’s largest health insurers, to creating new, parallel, exemptions for non-Medicare accountable care organizations, the last few years have seen a flurry of activity.

In addition to discussing the recently adopted antitrust exemptions for accountable care organizations, this presentation will draw on administrative proceedings, court filings, and statements by regulators to highlight the antitrust concerns of the federal regulatory agencies. It will also suggest practical ways to avoid unwanted antitrust scrutiny. Lastly, attendees will be provided an overview of the newly released regulations for accountable care organizations.

Special Note for Attendees

In light of the holiday season, the Health Law Council invites attendees of the December 16th program to bring a food or cash donation to the program to benefit Second Harvest Heartland. Information about the charitable services Second Harvest provides and a list of the most needed items are attached. Thank you for your generosity this season and happy holidays from the Health Law Council!


Andrew J. Holly, Dorsey & Whitney LLP

Andrew Holly is a partner in Dorsey & Whitney’s Minneapolis trial department. He specializes in health care antitrust issues and represents health care industry clients in pre-litigation planning, regulatory investigations, and litigation matters.

1 hour of Standard CLE credit has been applied for.
The event code is 162516.



Date:   Friday, December 16, 2011

Time:   7:30 a.m. to 9:00 a.m.

Please join us for breakfast beginning at 7:30 a.m., followed by the program from 8:00 - 9:00 a.m.

Location:   The Town & Country Club
300 Mississippi River Blvd. N.
St Paul, MN 55104-4927

Health Law or Antitrust Law Section Member:  $15.00

Join the Health Law Section and attend for FREE:  $15.00

MSBA Member but not a member of either the Health Law or Antitrust Law Sections: $20.00

Non-MSBA Members:  $30.00

Law Students:  Free

Teleconferencing is available. Teleconferencing instructions will be sent by e-mail on Thursday, December 15.

Cancellation Policy:

Refunds will be processed for cancellation requests received in writing on or before noon on the registration deadline. Requests should be directed to the event contact person listed at the bottom of this notice. Cancellation requests received after this time are not eligible for refunds. You may send a colleague in your place if you are unable to join us and the registration deadline has passed.