1. The Clayton Act is concerned with combinations of two or more entities through the means of mergers or joint ventures. What is the practical difference between a merger and a joint venture? Include examples
2. You have just received a call from a FTC representative who wishes to meet with you to discuss an “antitrust matter.” List five steps that you will take immediately in response to the call and in anticipation of the meeting.
3. A group of physicians would like to set up a formal network of area doctors with the intention of sharing the costs of investing in new technology, qualifying for formation of an ACO, streamlining the process of care delivery to their patients, and presenting a united front in dealing with health plans. What steps would you recommend the doctors take to minimize the chances of antitrust violations? Think in terms of structuring the new entity, the number and specialties of the physicians, favorably influencing other stakeholders in the local healthcare market, and the DOJ/FTC safe havens as described in the Statements of Antitrust Enforcement Policy in Health Care.
Read the article In Wake of Landmark Federal Hearings, Gianaris Intros 21st Century Antitrust Act