The American Bar Association Antitrust Law Section will host a two-day healthcare conference this week in suburban Washington, D.C, featuring leading government attorneys from the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) as well as an array of other experts, including private counsel who represent both plaintiffs and defendants.
The Antitrust in Healthcare conference continues the tradition of a jointly sponsored conference by the ABA Antitrust Law and ABA Health Law sections.
Healthcare continues to be in the antitrust spotlight — from the withdrawal of the 1996 and 2011 enforcement policies to the proposal of new merger guidelines.
In addition, federal and state enforcers continue to challenge the mergers and business conduct of a wide variety of healthcare entities, including their sponsors and executives. These actions and private antitrust litigation have targeted contracts, pricing, mergers, protection of data and other potentially anticompetitive activities.
The two-day event includes a keynote address by Noah Joshua Phillips, former commissioner of the FTC and co-chair of the antitrust practice of the law firm Cravath, Swaine & Moore LLP.
The series of programs include both U.S. and international enforcers.
he first panel, titled “President Biden’s Antitrust Scorecard: Healthcare and Pharmaceuticals,” includes Wells Harrell, attorney adviser for the Office of the Chair of the FTC, and Grace Lee, attorney adviser at the antitrust division of DOJ. They will provide insights on how well the Biden administration is faring with its purported goals in health care and pharmaceutical competition. The program will be from 8:30-9:30 a.m. on Tuesday.
Other highlights include:
“Roundtable with U.S. Healthcare Enforcers” — The FTC, DOJ and state attorneys general continue to hotly pursue both mergers and conduct investigations and enforcement actions in healthcare. Enforcers themselves discuss new priorities, developments in antitrust guidelines, and the latest cases making headlines. Speakers include Nicole Demers, deputy associate attorney general in the Antitrust Section for the Connecticut Office of the Attorney General; Katrina Rouse, director of the DOJ Antitrust Division’s Task Force on Health Care Monopolies and Collusion, division deputy director of civil enforcement and special counsel for health care DOJ Antitrust Division in San Francisco; and Mark Seidman, assistant director of FTC Mergers IV in Washington, D.C.
Tuesday, 2:30-3:45 p.m.
“Navigating Deals through Antitrust Enforcement Priorities” - Antitrust review of transactions is changing. This program will provide practical advice for deal lawyers, who will discuss changed enforcement priorities affecting healthcare transactions, the impact of changed priorities on deal considerations and practical guidance for attendees. Speakers include Rachel A. Adams of Katten Muchin Rosenman LLP, Chicago; Katherine I. Funk of Baker Donelson Bearman Caldwell & Berkowitz PC in Washington, D.C.; and Elizabeth Porfido, corporate counsel-antitrust, Pfizer in New York.
Wednesday, 10-11 a.m.
“Trends in Hospital Merger Enforcement: New Tricks?” -- With federal scrutiny and aggressive enforcement of hospital mergers continuing, the program focuses on hospital merger challenges the past few years. Panelists are Brian A. Hayles of Bradley Arandt Boult Cummings LLP in Charlotte, North Carolina; Paul Wong of NERA Economic Consulting in Los Angeles; and John S. Yi of Faegre Drinker Biddle and Reath LLP in Philadelphia.
Wednesday, 1:15-2:15 p.m.
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