In the June 3rd issue of Medical Economics, the Practice Management Q&A Forum had the following question: My three doctor cardiology practice is considering a merger with one of the three other cardiology groups in our community. Would this violate antitrust rules?
The answer in the article was “probably not” as long as it is a merger in the true sense of the word but as always, a healthcare attorney should be consulted.
If you are contemplating a merger, I also suggest you go to http://www.usdoj.gov/atr/public/health_care/9950.htm and review all Department of Justice Business Review Letters that relate to proposed physician practice mergers. These opinions provided excellent guidance on whether or not a proposed merger transaction might run afoul of the antitrust merger guidelines.
