Overview
Bates White has extensive experience examining mergers and acquisitions in the healthcare industry. We regularly provide antitrust analysis and testimony on matters involving payors and providers. Our experts consult on issues such as market definition, hospital market power, and pricing. We have quantified the competitive effects of hospital, health plan, and physician group mergers.
Selected Work
- Testified on behalf of defendants in In re Thomas Jefferson University and Albert Einstein Healthcare Network, litigation brought by the FTC to enjoin the proposed merger of Jefferson Health with Albert Einstein Healthcare Network.
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On behalf of Centene Corporation and WellCare Health Plans, provided economic analysis on issues related to the their proposed merger. The parties completed their $17 billion acquisition after a nine-month investigation.
- Retained on behalf of Express Scripts, a major pharmacy benefit manager, in its $67 billion merger with Cigna, one of the country’s largest health insurers.
- Retained on behalf of UnitedHealth’s health services subsidiary Optum in its acquisition of DaVita Medical Group.
- Testified before the US Senate Subcommittee on Antitrust, Competition Policy, and Consumer Rights in the hearing “Your Doctor/Pharmacist/Insurer Will See You Now: Competitive Implications of Vertical Consolidation in the Healthcare Industry.”
- Retained on behalf of Emory Healthcare regarding its proposed acquisition of DeKalb Medical Center.
- Retained on behalf of Wake Forest University Baptist Medical Center regarding its proposed acquisition of High Point Regional Health.
- On behalf of Humana in connection with its proposed merger with Aetna, provided support with responses to DOJ’s second request, analyzed likely competitive effects and barriers to entry and exit in the sale of Medicare Advantage products, and analyzed likely competitive effects in the sale of individual health insurance on public exchanges.
- Provided expert analysis on behalf of the FTC in its proceedings seeking to block Cabell Huntington Hospital’s acquisition of St. Mary’s Medical Center in Huntington, WV.
- Provided expert support on behalf of the FTC and the State of Idaho in Federal Trade Commission v. St. Luke’s Health System, Ltd.