Bundling, Tying and Exclusive Dealing: Trends Signal Need for Caution

Antitrust attorneys Kenneth Racowski, Anna Hayes and Alexander Dudley co-authored an article for the CPI Antitrust Chronicle exploring the resurgence of antitrust enforcement in the healthcare industry. Exemplified by the Federal Trade Commission's (FTC) formation of a Healthcare Task Force alongside a wave of claims stemming from bundling and tying arrangements, this trend portends heightened liability risks for healthcare providers and investors. In their article, the authors define bundling, tying and exclusive dealmaking as well as analyze recent case law and enforcement actions involving them, both class actions and business-to-business lawsuits. They then detail takeaways for the healthcare sector, including guidance for avoiding conduct challenges and bolstering compliance efforts. The article offers a beneficial overview of this new area of state and federal regulatory focus and highlights what organizations need to know to respond effectively.

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