Healthcare Antitrust Update: Key Antitrust Takeaways For Physician Groups

Like other players in the healthcare industry, physician groups are facing increased antitrust scrutiny from the Biden administration, with the Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust Division (the “DOJ”) (together the “Agencies”) continuing to expand their enforcement focus to include all types of transactions involving physician groups, including both traditional combinations, as well as so-called vertical combinations with health systems, payors, and private equity investors.

Many states' attorneys general have also become more active investigators of physician transactions, as California, New York, Texas, and others have scrutinized numerous physician combinations, while the State of Washington recently passed legislation that requires a 60 day notice of provider transactions that involve at least seven providers.