Healthcare Antitrust Enforcement Outlook: Compliance Challenges and Solutions

Healthcare Antitrust Enforcement Outlook: Compliance Challenges and Solutions
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April 22, 2023
In recent years, there has been a renewed emphasis on antitrust enforcement in the healthcare sector, causing growing concern among healthcare companies about their compliance status. In the podcast episode "In the Trenches," Brian Stimson, a partner at McDermott and former Acting General Counsel for the US Department of Health and Human Services (HHS), and Justin Murphy, an Antitrust partner and former Department of Justice (DOJ) trial lawyer, discuss the critical aspects of healthcare antitrust enforcement and the proactive measures companies can take to ensure compliance.
One key focus of the DOJ's Procurement Collusion Strike Force (PCSF) is identifying the "red flags of collusion." The PCSF is a specialized interagency group tasked with detecting, investigating, and prosecuting antitrust crimes and related criminal schemes affecting procurement, grant, and program funding (Murphy & Stimson, 2021). The PCSF relies on data analytics to detect potential anticompetitive behavior, making it essential for healthcare organizations to remain vigilant and maintain transparent procurement processes.
Stimson and Murphy point out that the healthcare and pharmaceutical industries are among the top two sectors facing increased antitrust enforcement ...