February 03, 2021

Latest antitrust issues to be explored at ABA virtual health law conference

CHICAGO, Feb. 3, 2021 — Leading government enforcers, economists and private counsel representing both plaintiffs and defendants will come together to share their insights and offer both practical advice and policy recommendations on health care reform, increased government enforcement and other important issues during the American Bar Association’s Antitrust in Healthcare Virtual Conference, Feb. 10-12.

What:  
Antitrust in Healthcare Virtual Conference
Sponsored by the ABA Health Law Section and the Antitrust Law Section

When: 
Feb. 10-12

On Feb. 11 at 9 a.m. CST, Eric Welsh, chief, Healthcare and Consumer Products Section, Antitrust Division, U.S. Department of Justice, Washington, D.C., and on Feb. 12 at 9 a.m. CST, Mark Seidman, assistant director for Mergers IV Division, Bureau of Competition, Federal Trade Commission, Washington, D.C., will discuss the latest developments at their respective agencies.

Conference highlights include:

“European Enforcers Roundtable” — An update on significant developments impacting health care in Europe. Topics will include the latest updates in pharmaceuticals, data, and changes due to COVID-19. Experts include Paul Csiszar, director of Basic Industries, Manufacturing and Agriculture, DG Comp, European Commission, Brussels, Belgium; Ann Pope, senior director, Competition and Markets Authority, London, United Kingdom; Martijn Snoep, chairman of the board, The Netherlands Authority for Consumers and Markets (ACM), The Hague.
Wednesday, 9:15-10:15 a.m. CST

“Going Viral: Burning Healthcare and Pharmaceuticals Issues” — Many health care transactions involve not only review by the FTC or DOJ Antitrust Division, but also clearance by state attorneys general, insurance departments and other health care regulatory bodies. The issues addressed by many of these state-based regulators extend beyond the competitive impact of transactions, which requires coordination of multiple sets of stakeholders. A panel of experts, including Sarah Oxenham Allen, chair, NAAG Antitrust Taskforce; senior assistant attorney general and antitrust unit manager, Office of the Attorney General, Richmond, Virginia, will discuss the complex interaction of multiple types of regulatory review in transactions that raise potential competition concerns, and ideas for managing the “who goes first” problem.
Wednesday, 10:30-11:30 a.m. CST

“Antitrust Legislation: New Powers for State and Federal Enforcers” — State and federal lawmakers are aggressively pursuing new legislation that would expand the ability of enforcers to block mergers and challenge anticompetitive conduct, with California and New York leading the way in enacting such measures. This session will cover updates on the latest antitrust bills pending before Congress and state legislatures. The speakers will include Amanda G. Lewis, FTC counsel on detail,  to the U.S. House of Representatives, Washington, D.C.
Wednesday, 1-2 p.m. CST

“Healthcare Merger Recap: Managing Multiple Regulatory Reviews” Many health care transactions involve not only review by the FTC or DOJ Antitrust Division, but also clearance by state attorneys general, insurance departments and other healthcare regulatory bodies. The issues addressed by many of these state-based regulators extend beyond the competitive impact of transactions, which requires coordination of multiple sets of stakeholders. This panel will discuss the complex interaction of multiple types of regulatory review in transactions that raise potential competition concerns, and ideas for managing the “who goes first” problem.
Wednesday, 11:45 a.m.-12:45 p.m.

“Let’s Get an Understanding: Criminal Antitrust Enforcement in the Provider Space” — In April, the Deferred Prosecution Agreement in United States v. Florida Cancer Specialists resolved the first criminal enforcement action against a health care provider in nearly 30 years. What should physician practices, health systems and other clinicians understand about criminal antitrust enforcement now that it’s clear there isn’t a policy of exceptionalism for health care? Experts, including Jim Fredricks, chief, Washington Criminal II Section, Department of Justice, Antitrust Division, Washington, D.C., will provide strategies in managing risk through antitrust compliance programs and other self-reporting mechanisms to resolve conduct issues, options for avoiding exclusion from public payor programs through deferred prosecution agreements and other basics of criminal antitrust enforcement.
Thursday, 9:45-10:45 a.m. CST

“Difficult Deals and Tough Situations: Lessons Learned from Anthem-Cigna” — The aftermath of the failed Anthem-Cigna transaction led to the discovery of best practices and recognition of key problem areas for counsel to reference while managing long, complex merger reviews. A panel of experts will examine the lessons from these considerations, including developing a sound antitrust risk assessment and agency strategy; negotiating appropriate provisions in the purchase agreement; engaging with joint defense counsel; managing concurrent FTC/DOJ and state attorney general antitrust reviews; and advising clients on integration planning and information exchange during a lengthy pre-closing period.
Thursday, 12:15-1:15 p.m. CST

“Big Data Comes to a Healthcare Market Near You” — Big data in health care is rapidly evolving. Data on patients’ lifestyles and choices can be collected from electronic medical records, wearables, social media and supermarket data. What does it mean for antitrust law? Where is the balance between data as a tool to enhance patient outcomes or as an instrument that may suppress competition? An expert panel will delve into the benefits of big data, including improving patient care and reduction of duplicative testing and costs, as well as explore the potential dangers involving providers steering patients, and collusion.
Friday, 1:30-2:30 p.m. CST

A complete agenda and updated list of speakers can be found here.

This event is free and open to members of the press. For media credentialing, please contact Priscilla Totten at Priscilla.Totten@americanbar.org.

The Health Law Section is the voice of the national health law bar within the ABA. Its nearly 9,500 members from across the United States represent clients in all segments of the health care industry, including physicians; hospitals and other institutional providers; teaching and research organizations; managed care organizations; and other third-party payers, pharmaceutical companies and device manufacturers.

The ABA is the largest voluntary association of lawyers in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.