Cement and Concrete Workers DC Benefit Fund v. The New York and Presbyterian Hospital

Why this Matters:

Plaintiff, a labor union that offers health insurance to its members, argues that one of the largest health systems in New York, NewYork-Presbyterian, used its outsized market power to force insurers to accept anti-competitive contract terms in violation of federal antitrust law. Among other practices, the challenged anti-competitive practices include all-or-nothing tying clauses (requiring contracts with all services as a bundle), anti-steering clauses (preventing business from being directed to less costly or higher-quality providers), and gag clauses (preventing plans from sharing information with their members).

Potential Impact:

Restrictions on anticompetitive practices by dominant health care providers can help reduce health care prices and lower health care premiums for consumers.