DOJ’s Antitrust Division announced a new task force yesterday focused on Health Care Monopolies and Collusion (HCMC). According to DOJ Assistant Attorney General Kanter, the purpose of the task force is to implement a “whole of Government approach” to antitrust enforcement in health care, bringing “together civil and criminal prosecutors, economists, health care industry experts, technologists, data scientists, investigators and policy advisors from across the division's Civil, Criminal, Litigation and Policy Programs, and the Expert Analysis Group, to identify and address pressing antitrust problems in health care markets."

In his announcement, AAG Kanter raised concerns over the platformization of healthcare, pointing to the rise of massive healthcare conglomerates that have acquired businesses across various health care sectors (e.g., providers, payors, PBMs, claims processors, banks) and are “accumulating assets at an alarming rate.” He described these intermediaries as the new “gate keepers of healthcare.” He also noted that this shift in the landscape of healthcare is happening against “the backdrop of a rich ecosystem of data that is used to increasingly make algorithmic decisions about the course of care and billing.” AAG Kanter claims the new task force is part of the DOJ’s efforts to up its game and adapt to these changes in real time.

The HCMC task force is the latest in a string of recent government initiatives intended to address antitrust violations in healthcare. Earlier this year, DOJ’s Antitrust Division, the FTC, and HHS issued a joint Request for Information seeking public comment on “how health care mergers, acquisitions and other transactions may decrease the number of firms competing to provide health care products or services.” Just last month, the same agencies announced a new tip portal (HealthyCompetition.gov) seeking complaints on anticompetitive healthcare practices. Days later, the FTC banned nearly all non-compete agreements—a move that significantly impacts healthcare workers and providers because they are commonly limited by such agreements. All these developments come on the heels of the administration’s December 2023 announcement that identified several new initiatives designed to “lower health care and prescription drug costs by promoting competition.”

Whistleblowers who have information about antitrust violations in healthcare have numerous reporting options. In addition to the HealthyCompetition.gov portal, both DOJ’s Antitrust Division and HHS OIG have general tip portals for complaints regarding antitrust violations and healthcare fraud, respectively. Some whistleblowers may also be eligible to file a lawsuit under the federal False Claims Act or its state equivalents. To discuss the various reporting options and assess whether you have a False Claims Act case, reach out to Whistleblower Partners.