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Antitrust Implications of Exclusive Dealing Arrangements


Product Code - LGA178
Speaker(s): Matthew L. Cantor, Constantine Cannon LLP; Axel A. Bernabe, Constantine Cannon LLP
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This presentation sets out the potential pro-competitive impact and anti-competitive effects that may result from hospitals or other medical providers agreeing to accept lower reimbursement from insurers in exchange for obtaining the exclusive right to serve the insurers’ members in a given service area.

The faculty will highlight criteria that should be used when determining whether the exclusive right may constitute an unreasonable restraint of trade or act of monopolization.

Educational Objectives:

• Understand the changing landscape of provider-insurer relations and provider-provider relations following implementation of the Affordable Care Act (ACA) and consolidation in the health care provider industry.
• Learn to identify a potential exclusive dealing agreement between a provider and an insurer or between two competing providers, as these agreements can take many forms.
• Assess the potential antitrust dangers of entering into an exclusive dealing agreement with an insurer or another provider.
• Find out how to structure an exclusive agreement in a way that emphasizes the pro-competitive elements of an agreement over the potential anti-competitive effects of that agreement.

Who would benefit most from attending?

Antitrust lawyers; health care lawyers; in-house counsel for hospitals; and in-house counsel for provider associations.

Program Level: Intermediate

Matthew L. Cantor, Constantine Cannon LLP; Axel A. Bernabe, Constantine Cannon LLP

Matthew L. Cantor, Constantine Cannon LLP
Matthew Cantor is a partner at Constantine Cannon LLP, where he focuses on antitrust litigation and counseling. Mr. Cantor has acted as lead trial counsel in antitrust matters involving health care services, pharmaceuticals, telecommunications, and electronic payments. He also has appeared before the DOJ Antitrust Division, Federal Trade Commission, and European Commission on various matters. Mr. Cantor is frequently quoted regarding antitrust matters and has authored numerous articles on topics relevant to antitrust and health care.

Mr. Cantor is a graduate of New York University School of Law and the University of Michigan, where he earned a degree in English with high distinction. He is a member of the Antitrust Section of the American Bar Association and the Antitrust Section of the New York State Bar Association. He is admitted to practice before New York State courts, the United States District Courts for the Eastern and Southern Districts of New York and the United States Court of Appeals for the Second and Fifth Circuits. Mr. Cantor is also admitted to practice before the U.S. Supreme Court.

Axel A. Bernabe, Constantine Cannon LLP
Mr. Bernabe is a partner at Constantine Cannon LLP. His practice focuses on antitrust litigation and counseling, corporate compliance, and business ethics. He regularly advises General Counsels and Chief Compliance Officers in the health care, pharmaceutical, and insurance industries and represents them in Federal and State government investigations. He has published numerous articles on antitrust and health care issues and is frequently interviewed and quoted in major legal and business publications.

Mr. Bernabe is a magna cum laude graduate of McGill University, from which he earned both a Bachelor of Laws (J.D. Equ.) and a Bachelor of Civil Law. He is a member of the Antitrust and Health Law Sections of the American Bar Association and the Antitrust Section of the New York State Bar Association. He is admitted to the New York State Bar, the United States District Court, Eastern and Southern Districts of New York, as well as to the Law Society of Upper Canada.

This program’s CLE-credit eligibility varies by state. Bloomberg BNA is an accredited provider in the states of New York*, California, Pennsylvania, Texas and Virginia, and most other jurisdictions grant CLE credit on a per-program basis. At this time, Bloomberg BNA does not apply directly to the states of Florida, Rhode Island, Montana and Hawaii although credit is usually available for attorneys who wish to apply individually. Additionally, the following states currently do not grant credit for Bloomberg BNA OnDemand programming: Arkansas, Ohio, Nebraska, and Delaware. All requests are subject to approval once the live webinar has taken place or the customer has viewed the OnDemand version. Please contact the Bloomberg BNA accreditations desk if you have specific questions that have not been addressed.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for attorneys earning less than $50,000 per year. If an attorney wishes to take advantage of this option, he or she must contact Bloomberg BNA directly. For attorneys who are unemployed or earning less than $35,000 per year, a full discount off the price of the program will be awarded upon written proof of hardship. Attorneys earning between $35,000 and $50,000 per year will receive a 50% discount off the price of the program. Any attorney working in the public service sector also qualifies for a special price. If you have further questions regarding the hardship policy or seek additional information, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the CLE Accreditations Coordinator, or email us at accreditations@bna.com.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.

*Bloomberg BNA is an accredited provider in New York for experienced attorneys only.