DOJ Withdraws Outdated Antitrust Policy Statements For Healthcare Industry; “Safety Zones” Abolished

Attorney and Author George F. Indest III HeadshotBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three “outdated” antitrust policy statements applicable to healthcare markets. These have been in effect and relied upon for decades by those in the healthcare industry. According to a statement it issued, the Division determined that withdrawing the three statements is the best course of action for promoting competition and transparency.

Over the past three decades since this guidance was first released, the healthcare landscape has changed significantly. As a result, the statements are overly permissive on specific subjects, such as information sharing, and no longer serve their intended purposes of providing encompassing guidance to the public on relevant healthcare competition issues in today’s environment.

The […]

Major Florida Oncology Group Pays $100 Million to Settle Antitrust Charges

George Indest Attorney Geroge F. Indest III

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On April 30, 2020, the U.S. Department of Justice (DOJ) announced that a major Florida oncology group will pay $100 million to resolve a criminal charge that it conspired with competitors to divvy up cancer treatments in the area. This marks the first settlement in an ongoing oncology market allocation probe against Florida Cancer Specialists & Research Institute LLC (FCS).

Details of the Antitrust Complaint.

The oncology group, which is based in Fort Myers, Florida, admitted to a single felony antitrust charge under the agreement, the DOJ said. Additionally, FCS inked a civil antitrust settlement with the Florida attorney general requiring it to pay the state $20 million, plus interest.

According to the DOJ, federal prosecutors filed a one-count felony charge against […]

Florida Oncology Group Agrees to Pay $100 Million in Antitrust Probe

George Indest Attorney Geroge F. Indest III

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On April 30, 2020, the U.S. Department of Justice (DOJ) announced that a major Florida oncology group will pay $100 million to resolve a criminal charge that it conspired with competitors to divvy up cancer treatments in the area. This marks the first settlement in an ongoing oncology market allocation probe against Florida Cancer Specialists & Research Institute LLC (FCS).

Details of the Antitrust Complaint.

The oncology group, which is based in Fort Myers, Florida, admitted to a single felony antitrust charge under the agreement, the DOJ said. Additionally, FCS inked a civil antitrust settlement with the Florida attorney general requiring it to pay the state $20 million, plus interest.

According to the DOJ, federal prosecutors filed a one-count felony charge against […]

Florida Oncology Center Wants Noncompete, Antitrust Suit Dismissed

Headshot of The Health Law Firm's attorney George F. Indest IIIBy George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

On April 9, 2019, 21st Century Oncology filed a motion to dismiss a noncompete antitrust suit that a group of oncologists filed against them in a Florida federal court on March 2019. According to their dismissal motion, the physician plaintiffs are overreaching with their claim that 21st Century used unlawful methods to build a monopoly on radiation therapy. The cancer treatment center called their suit a bid to “dress up” simple employment claims as an antitrust case and added that it “strains law and fact.”

Background of the Noncompete Antitrust Suit.

On March 15, 2019, a group of Florida oncologists hit the cancer treatment center with a seven-count complaint in federal court. In the complaint, 21st Century […]

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