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This article in today’s Corporate Counsel provides an excellent overview of two forms of “provider consolidation” that raise antitrust risks: the consolidation of one hospital system with another system, and the consolidation of a hospital system with a physician practice.  It also addresses: (1) market participants that are potentially affected by anti-competitive provider consolidations; (2) recent public antitrust enforcement actions challenging health care combinations; and (3) the availability and likelihood of a private antitrust challenge to a proposed combination.  To avoid the risk of potential future antitrust enforcement or litigation, any health provider considering consolidation should first consult with antitrust counsel.

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