• FTC Antitrust Challenge To Physician Group Contracting Practices Settled
  • February 26, 2004
  • Law Firms: Foley & Lardner LLP - San Francisco Office; Foley & Lardner LLP - Los Angeles Office
  • After six months of litigation, the FTC has provisionally settled its antitrust price fixing complaint against Brown & Toland Medical Group in San Francisco, with respect to its PPO contracting practices. The settlement agreement contains a proposed "cease and desist" order which prohibits the alleged unlawful conduct. Brown & Toland had argued that its PPO physician network was "clinically integrated" to such an extent that joint pricing and joint contracting practices did not violate antitrust laws. If it becomes final, this settlement means that the case will not, as initially expected, clarify antitrust standards with respect to provider contracts, such as those with PPO's, that do not bear financial risk.