7 common ‘anticompetitive’ clauses to recognize

Becker's Healthcare December 12, 2024
Francesca Mathewes

A Dec. 11 report by the Center for American Progress outlined recent controversy surrounding the FTC’s attempt to ban noncompete agreements earlier in 2024, as well as several common types of clauses found in healthcare contracts between providers, payers and health systems that it identifies as “anticompetitive.”

Here are seven types of “anticompetitive” clauses frequently seen in healthcare contracts:

1. All-or-nothing clauses: These require that if a payer wants to contract with a particular provider in a health system, the payer must contract with all providers in that health system.

2. Anti-tiering clauses: These restrict a payer from creating or altering a tiered network, block them from putting a provider in a nonpreferred network tier or require the payer to...

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