Antitrust enforcement doesn't take back seat to PPACA provisions

The Federal Trade Commission and the Department of Justice's Antitrust Division recently held a workshop on trends in healthcare payment models and their effects on competition, according to a report published in JD Supra Business Advisor.

Here are three takeaways from the workshop, according to the report.

1. Certain provisions of the Patient Protection and Affordable Care Act seem to promote integration in the healthcare industry and also provide incentives for collaboration. However, the FTC and DOJ reject any arguments that enforcement of antitrust laws are less important than those PPACA provisions.

2. The antitrust implications of potential transactions, including vertical arrangements with other healthcare providers or health insurers, need to be evaluated by all industry participants.

3. It is vital that providers examine their network contracts and determine whether restrictive clauses open them up to antitrust claims. Examples of restrictive clauses in network contracts include "anti-tiering" and "anti-steering," according to the report.

More articles on antitrust issues:

Incompatibility of antitrust laws with the healthcare marketplace: 3 thoughts
5 healthcare antitrust cases to watch in 2015
Appeals court backs FTC, orders St. Luke's to unwind purchase of Saltzer Medical Group

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