ACOs And Antitrust Enforcement: Familiar Rules Raise New Concerns

On March 31, 2011, the Federal Trade Commission (“FTC”) and the U.S. Department of Justice (“DOJ”) released a joint Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program (the “ACO Statement” or “Statement”). The ACO Statement incorporates a market-share based “safety zone,” a feature commo