The webinar presenters highlighted the general standards the Agencies will use to analyze the legality of ACO formation under antitrust laws. Dr. Argue’s presentation focused on the share calculations that an ACO has to undertake in order to determine whether its shares fall within a safety zone whereby the Agencies will not challenge the formation of the ACO, absent exceptional circumstances. Dr. Argue elaborated on the type of data that would be required to perform the share calculations, the products categories for which shares would have to be calculated and the service areas that the shares should pertain to.
Dr. Argue has extensive experience in the health care industry. He has analyzed competition and performed damages analyses in various health care markets for government merger reviews and private antitrust litigation. Among the health care areas in which Dr. Argue has worked are hospitals, physician practices, ambulatory surgery centers, health insurance and pharmaceuticals. He has also delivered numerous presentations and published several articles on topics involving the economics of health care markets.