Exclusionary Practices and Private Antitrust Litigation: Current Developments in the Healthcare Area

By: Nelson Mullins Riley & Scarborough LLP

Provided by World Services Group


Exclusionary Practices and Private Antitrust Litigation: Current Developments in the Healthcare Area

   Published March 30, 2005 - South Carolina, USA

Although health care providers often realize efficiencies associated with exclusive contracts, such as greater control over quality and decreased cost, such contracts are not without risk. These contracts have been challenged on antitrust grounds and have served as the basis of tortious interference of contract claims by competitors. The following material represents an overview of the issues which typically accompany exclusive contracts.

This paper will acquaint health care attorneys with some of the antitrust issues they are likely to encounter as they counsel their clients, and offer strategies for reducing antitrust risk associated with exclusive contracting.

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