Colorado Springs Physician Network Attorneys
Though there are many unique aspects of the health care sector, US and Colorado antitrust laws apply to businesses across the board. Government agencies have enforcement authority regarding these statutes, but physician networks have additional options to protect their bottom line.
If your organization is suffering losses because of anticompetitive conduct, your legal remedies may include a private lawsuit against the offending entity. To learn more about your options, please contact the Law Offices of George M. Sanders P.C. to schedule a consultation. Our physician network attorneys can explain private antitrust lawsuits in more detail, but an overview may be useful.
Federal and State Antitrust Laws Apply to Physician Networks
There are two sets of laws that protect health care providers and other businesses from monopolistic conduct, including:
- At the federal level, the Sherman Act and the Clayton Act; and,
- The Colorado Consumer Protection Act.
The relevant provisions in these laws prohibit organizations, including physician networks, from engaging in anticompetitive conduct. The US Department of Justice – Antitrust Division and Colorado Attorney General have authority to crack down on businesses, by bringing criminal charges, filing a civil suit, or both. Their efforts serve to punish:
- Arrangements to collude or form monopolies;
- Mergers that cause health care market domination;
- Abuses in the peer review process;
- Exclusive dealings contracts;
- Bid rigging; and,
- Many other violations of antitrust laws.
Enforcing the Statutes Through a Private Lawsuit
When a physician network is suffering at the hands of a monopolistic organization, it may not be practical to wait for US and Colorado officials to take action. Fortunately, the same laws that provide enforcement power to government agencies also grant it to private business owners. Your practice may have grounds to sue if you can prove:
- A physician network possesses monopoly power in your local health care market;
- The offending organization came by this advantage through conduct that runs afoul of US or Colorado antitrust laws, instead of through lawful competition; and,
- You suffered losses because of the unlawful, anticompetitive acts.
Strong Legal Representations is Crucial
Though the above elements may seem clear-cut, proving your case can be challenging. There is a fine line between lawful competition and illegal monopolistic conduct. You need solid factual evidence that can only be gained through in-depth investigation. Our Colorado Springs physician network attorneys are adept at detecting and exposing violations of antitrust laws, at both the state and federal level. In a successful private antitrust case, physician networks may be entitled to recover:
- Monetary damages to compensate for losses you sustained due to illegal acts in restraint of trade; and,
- Equitable relief, usually in the form of an order directing the offending organization to cease and desist.
Contact Our Colorado Springs Physician Network Attorneys to Discuss Your Case
Anticompetitive conduct can irreparably harm your physician network, so it is important to take advantage of the antitrust laws that protect you as a business owner. For more information on your rights and remedies, please contact the Law Offices of George M. Sanders, P.C. Our antitrust lawyers can explain how private lawsuits work in Colorado Springs and throughout the US.