Threat and Expense of Antitrust Litigation Grows in the Health Care Sector; ACE Report Identifies Due Diligence Practices to Help Mitigate Risk

PHILADELPHIA--(BUSINESS WIRE)--ACE Group today released a new white paper examining the increased risk of antitrust litigation in the health care market. The paper analyzes the recent growth in health care industry transactions and the corresponding rise in antitrust regulation and government enforcement. It also outlines key due diligence practices that health care market participants should implement to proactively address this risk and, ultimately, to avoid costly consequences.

“The Evolving Threat of Antitrust Litigation in Health Care” was co-authored by Keith Lavigne, Executive Vice President, ACE Professional Risk, and Scott Williams, Vice President, ACE Professional Risk. This is the latest installment in a series of papers developed by ACE to highlight the increased exposures faced by health care organizations.

“Market changes resulting from regulation will inevitably invite additional regulation and oversight. We’ve entered a new age of antitrust liability, and health care providers must embrace the reality that Mergers and Acquisitions (M&A) activities — no matter how big or small — can carry antitrust risk,” stated Mr. Lavigne. “As a result, health care providers must exercise greater due diligence in their pursuit of greater economies of scale. Heightened vigilance in managing their transactional exposures is a necessity, not an option. Failure to do so could expose them to significant risk.”

Key highlights of the ACE paper include:

  • The market impact of recent Evanston Northwest Health Care and St. Luke’s Health System rulings
  • The need for a comprehensive antitrust risk analysis as part of M&A due diligence
  • Key threshold questions that should be answered by all health care providers before proceeding with an M&A or other transactional deals

To access the paper, please visit our website. For more information about ACE’s Management Liability products and services, visit The material presented in this report is not intended to provide legal or other expert advice. It is presented as information only. Readers should consult legal counsel or other technical experts, as applicable, with any specific questions they may have.

About ACE Group

ACE Group is one of the world’s largest multiline property and casualty insurers. With operations in 54 countries, ACE provides commercial and personal property and casualty insurance, personal accident and supplemental health insurance, reinsurance, and life insurance to a diverse group of clients. ACE Limited, the parent company of ACE Group, is listed on the New York Stock Exchange (NYSE: ACE) and is a component of the S&P 500 index. Additional information can be found at, or follow ACE on Twitter,



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Carla Ferrara, 215-640-4744