Antitrust & COVID-19 in The U.S.: Four Key Issues for Healthcare Providers

The COVID-19 pandemic continues to disrupt industries around the globe, and the impact on the healthcare industry has been especially profound. Healthcare providers are working to combat the virus and treat patients while dealing with significant challenges. The COVID-19 pandemic is not just affecting clinical and business operations, but also the legal environment in which businesses operate. In the U.S., the healthcare industry has been a primary focus of federal and state antitrust enforcement and litigation, with antitrust enforcement agencies’ aggressively scrutinizing provider transactions and various types of conduct. This scrutiny has continued, and will continue, during the COVID-19 pandemic, with the FTC and the DOJ adopting various measures to adjust their processes for investigating competitive issues. This article provides an overview of four key antitrust issues for healthcare providers in the U.S. in light of the COVID-19 pandemic.

By John Carroll, Alexis Gilman¹

I. INTRODUCTION

The COVID-19 pandemic continues to disrupt industries around the globe, and the impact on the healthcare industry has been especially profound. Healthcare providers are working to combat the virus and treat patients while dealing with significant challenges, such as keeping their staff healthy and supplied with equipment, as well as broader issues, such as continuing operations and executing on strategic plans. The COVID-19 pandemic is not just affecting clinical and bu