Legal Gray Area Remains for Payer Contracting Practices Despite Sutter Health’s Big Win in Landmark Antitrust Trial
This Bulletin is brought to you by AHLA’s Antitrust Practice Group.
- April 27, 2022
- Kaj Rozga , Davis Wright Tremaine LLP
Sutter Health was handed a complete victory by jurors in a trial ending Sutter’s decade-long legal battle with the California health care system. A nine-person jury answered the minimum two questions needed to rule in Sutter’s favor, unanimously rejecting the plaintiffs’ theory that Sutter engaged in payer contracting practices that could be potentially anticompetitive. Though the victory provides a guidepost in a murky area of the law, as discussed below, the ruling is not a free license for providers to engage in the contracting practices that plaintiffs alleged in this case.
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