Is Anti-Steering Anticompetitive? Examining DOJ’s Expanding Enforcement Against Hospital Contracting Practices
This Briefing is brought to you by AHLA’s Antitrust Practice Group.
- April 15, 2026
- Brian Hayles , Bradley Arant Boult Cummings LLP
- Michael Fischer , Bradley Arant Boult Cummings LLP
The business relationship between hospitals and commercial payers is both highly complex and symbiotic: Payers need hospitals in their networks to sell a commercially viable product, and hospitals need a sufficient volume of commercially insured patients to offset payment sources that typically do not cover the cost of delivering care. Ideally, the parties reach a mutually acceptable agreement on price and non-price terms, the contract performs as intended, and the needs of all parties—including, ultimately, the member-patient—are satisfied.
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