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Antitrust

Thompson & Knight’s antitrust counsel includes advising clients on the legal ramifications of forming and merging provider groups, mergers and acquisitions, healthcare contracting, terminations, alleged restraints, and exclusionary practices. We have extensive experience counseling physician practice groups and IPAs, including the negotiation of payor and provider agreements, physician employment agreements, nonprofit restructuring, and capitation risk sharing arrangements.

Overview

Thompson & Knight’s antitrust counsel includes advising clients on the legal ramifications of forming and merging provider groups, mergers and acquisitions, healthcare contracting, terminations, alleged restraints and exclusionary practices. We have extensive experience counseling physician practice groups and IPAs, including the negotiation of payor and provider agreements, physician employment agreements, nonprofit restructuring, and capitation risk sharing arrangements. Additionally, our Firm was involved with various aspects of the structuring, formation, and contract negotiation of one of the initial “pioneer” Medicare Accountable Care Organizations (ACOs) formed in the United States.

Received a top national ranking for Litigation-Antitrust in U.S. News - Best Lawyers® “Best Law Firms” 2019

Named among the top four firms in Texas for Antitrust Law in Chambers USA 2019 by Chambers and Partners

More TK attorneys selected for inclusion in The Best Lawyers in America® 2019 in Antitrust Law than any other firm in Texas

Experience

  • Represented a group of physicians against the FTC’s allegations that our client violated section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 45; this was an adjudicated proceeding before an Administrative Law Judge for the FTC and was the first time a doctor group has gone to trial with the FTC in approximately 20 years
  • Represented a healthcare corporation against a group of pediatric neurosurgeons who filed suit against two San Antonio, Texas hospitals and several physicians alleging claims under Federal and State antitrust statutes and other tort claims concerning the peer review process and staff privileges; the trial court granted summary judgment on all claims in favor of our client
  • Representing a hospital in a lawsuit alleging violation of antitrust laws through engagement in a group boycott, entering into exclusive-dealing arrangements, and monopolizing or attempting to monopolize an unspecified health care market
  • Represented a hospital in a lawsuit against an insurance provider, including claims for both conspiracy to restrain trade and monopolization and attempted monopolization under the Texas Free Enterprise and Antitrust Act