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Consider legal remedies for potential antitrust concerns

Increasingly, competing payers are collaborating on one or more products that could skew the nature of healthcare contracting within a geographic market. In many cases, providers can revise their contracts with the payers to respond to these agreements. But some provider organizations and attorneys also are beginning to scrutinize the antitrust implications of these deals. During a payer consolidation conference sponsored by New York City-based World Research Group, Thomas P. McMahon, JD, an attorney with Jones & Keller, PC, in Denver, explained that challenges to jointly marketed insurance products depend on the structure of these arrangements, which can range from full integration through merger or acquisition to collaboration through licensing arrangement or joint venture.

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