Chief Healthcare Executive June 18, 2023
Dylan R. Newton , Michael S. Horn

As many hospitals expand their footprint using co-management agreements, they will also be subject to greater scrutiny for anticompetitive behavior.

The United States continues to grapple with the widely publicized shortage of healthcare workers. One resulting impact on hospitals and medical institutions is the anticipated shift regarding the application of antitrust laws.

As background, antitrust laws aim to provide individuals who have been victimized by unfair competitive practices by a business or organization with the ability to bring a private lawsuit against the offending business.

For example, the federal Sherman Antitrust Act allows a plaintiff to bring a lawsuit against a business, such as a hospital or healthcare facility, that has entered a contract to restrain trade or withhold necessary...

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