In the last 18 months, seven companies and four executives in the generic pharmaceuticals manufacturing sector were charged with antitrust violations, amassing penalties of over $426m. And this month, the Department of Justice Antitrust Division brought its first ever criminal charges for a conspiracy to lower wages to workers against the former owner of a physical therapist staffing company. With enforcement efforts ramping up – and COVID-19 adding additional scrutiny – health care companies will need a comprehensive antitrust compliance program to avoid enforcement actions.
Even the most casual observer of the health care industry can see that it faces enormous challenges in light of the COVID-19 pandemic. From accessing sufficient supplies of personal protective equipment and medication to the financial strains caused by the reduction or suspension of non-emergent treatment and care, medical providers, hospital systems, and health care suppliers are staring down tremendous financial and logistical pressures.
What may have escaped notice, though, is that the industry is at the same time confronting a wave of enforcement...
