Antitrust in Health Care 101
Antitrust in Health Care 101
A Self-Paced, On-Demand CLE Course for Health Care Law Practitioners
Whether you're just entering health care law practice or shifting your focus to this dynamic field, antitrust issues are everywhere: in mergers and acquisitions, hospital-physician relationships, payer contracts, staffing arrangements, and even everyday conversations among competitors. Missteps can carry serious consequences — for your clients and for your practice.
Antitrust in Health Care 101 gives you the foundational knowledge you need to spot antitrust issues before they become problems, counsel clients with confidence, and understand where the law is heading.
This course is designed for:
- Attorneys new to health care law who need a solid grounding in antitrust as it applies to the health care industry
- Experienced attorneys shifting into health care practice who want to quickly get up to speed on the key rules, regulators, and risk areas
- In-house counsel at health systems, hospitals, or physician groups seeking a practical framework for day-to-day antitrust compliance
No prior antitrust background required.
What You'll Learn
This seven-module course delivers practical, health-care-specific antitrust training you can apply right away.
Module 1 | Introduction to Key Antitrust Laws and Enforcers in Health Care
This foundational module covers the major federal antitrust statutes — the Sherman Act, Clayton Act, HSR Act, and FTC Act — as well as relevant state laws, the agencies responsible for enforcement, private enforcement rights, available remedies, and key exemptions such as state action and Noerr-Pennington.
Module 2 | Horizontal Integration in Health Care
This module covers how antitrust regulators analyze horizontal deals, addressing Section 7 of the Clayton Act, what the FTC and DOJ’s Merger Guidelines mean in practice, defenses to a plaintiff’s prima facie case, pre-merger notification requirements, and partial integration among competitors.
Module 3 | Vertical Integration in Health Care
Health systems are increasingly acquiring physician practices, post-acute providers, and other complementary businesses. Learn how vertical integration is analyzed under the antitrust laws, about theories of harm, and about barriers to entry.
Module 4 | Collusion Among Health Care Organizations
Price-fixing, market allocation, and bid rigging are per se illegal — but the line between permissible collaboration and unlawful collusion isn't always obvious in health care. This module walks through Section 1 of the Sherman Act and FTC Act Section 5, the types of conduct that attract scrutiny, enforcement and penalties, examples of collusion, and best practices for keeping collaborative arrangements on the right side of the law.
Module 5 | Information Sharing Among Health Care Competitors
Sharing data among competitors can be routine — or it can be a serious antitrust problem. This module examines the rule of reason analysis, relevant policy statements from the FTC and DOJ, examples of exchanges that are compliant and traditionally accepted, and third-party managed exchanges.
Module 6 | Workforce-Related Antitrust Issues
Non-compete agreements, no-poach arrangements, wage-fixing, and credentialing decisions all carry antitrust risk that health care attorneys must understand. This module provides the analytical framework and practical best practices for navigating this rapidly evolving area of law and addresses monopsony and compliance risk management.
Module 7 | Exclusionary Practices and Monopolization
Dominant health care organizations face particular scrutiny for conduct that can foreclose competition — including exclusive contracts, most-favored-nation clauses, and anti-steering provisions. This module covers the legal standards for monopolization claims, exclusive supply and purchase agreements, product tying, and practical guidance.
CLICK HERE for a more detailed syllabus, a list of the distinguished faculty, and a preview of the course.
CE Information:
This interactive online course, featuring short lessons, microvideos, and knowledge checks, will take approximately 5 hours to complete. AHLA has applied for CLE and CCB. Please note that the availability of credits may vary from state to state. This self-study course will be available for purchase for approximately two years after the release date, but state rules on duration of eligibility for CLE-credits differ, so please check with your state before purchasing self-study offerings. For additional information, please visit the AHLA Continuing Education page.
Train your team. Discounted licenses are available for groups of 10 or more. Email agreene@americanhealthlaw.org for more information.