Antitrust Division Brings Its First Major Monopolization Case In Twelve Years

On February 25, 2011, the Antitrust Division of the Department of Justice (the "DOJ") announced the simultaneous filing and settlement of its first major monopolization suit since 1999 in an action against a Texas hospital, United Regional Health Care System ("United Regional").¹ The DOJ's complaint alleged that United Regional had unlawfully maintained its dominant position in the Wichita Falls hospital market² in violation of Section 2 of the Sherman Act by withdrawing discounts from health insurers that contract with a competing health care facility. As part of the settlement, United Regional agreed to discontinue such practices.

Assistant Attorney General Varney has been an outspoken critic of the Bush administration's Section 2 enforcement record,³ and while the Varney-led DOJ has a number of ongoing investigations, this is its first actual challenge. United Regional is notable because it illustrates DOJ's more expansive view of Section 2 and its commitment to