Physician Practices Face Anti-Trust Risks, Too

Tucker Arensberg, P.C.
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On December 18, 2015, the Federal Trade Commission (FTC) announced a settlement with Keystone Orthopaedic Associates Specialists and Orthopaedic Associates of Reading, LTD, which were two of six orthopedic practices in Berks County, Pennsylvania that merged in 2011.

The FTC initiated the Complaint because they believe the merger of the practices eliminated competition among orthopedists in Berks County.  Following the merger, the new entity (Keystone) employed 76% of the orthopedists practicing in Berks County.

The Complaint stated that the anti-competitive effect eliminated competition between orthopedists, increased the ability of the merge entity to unilaterally raise prices for orthopedic services.

I’ve attached the following:

  1. FTC Case Summary;
  2. Consent Order Agreement;
  3. FTC Commission Decision and Order;
  4. FTC Complaint;
  5. Analysis of Agreement containing Consent Order to aid public comment; and
  6. FTC press release announcing the filing of the Complaint.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Tucker Arensberg, P.C.

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