McDermott Will & Emery (Chicago)

Ashley M. Fischer

McDermott Will & Emery (Chicago)
Lawyer (Partner)

Ashley M. Fischer represents health care providers on a wide range of corporate and regulatory matters, including: affiliations, collaborations, Health reform initiatives and alignment strategies, Joint ventures, managed care contracting networks such as clinically integrated networks (CINs) and accountable care organizations (ACOs). Her health antitrust practice includes assessing the implications of the formation and operation of competitor collaborations (CINs, ACOs, joint ventures), merger analysis and defense, compliance and ordinary course conduct. Ashley served as partner-in-charge of the firm’s Health Industry Advisory Practice Group in Chicago from 2015 to 2018 and currently serves on the Firm’s Management Committee.

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1747 Bulletin

Katharine O’Connor, Ashley M. Fischer The US DoJ issues a second business review letter to show that it is still open to creative solutions to combat the COVID-19 pandemic and to get medical supplies where they are needed the most


The United States Department of Justice Antitrust Division (DOJ) has issued a second Business Review Letter pursuant to the expedited review process it announced on March 24, 2020 to review conduct related to COVID-19 within seven days. The letter released on April 20, 2020 issued to (...)

Ashley M. Fischer, Stephen Wu The US DoJ and FTC issue a joint antitrust statement regarding COVID-19 and competition in labor markets and recognise that firms may need to cooperate in unprecedented ways to respond to the pandemic


The COVID-19 pandemic has placed additional stressors on labor markets, particularly for healthcare workers and essential employees. While recognizing that employers, recruiters and staffing agencies may need—and be allowed to—cooperate in unprecedented ways to address current needs, on April 13, (...)

Ashley M. Fischer, Jon B. Dubrow, Katharine O’Connor The US DoJ publishes a business review letter to pharmaceutical and medical distributors in order to provide insights into the antitrust enforcer’s views on competitor collaborations and to improve product access to fight the COVID-19 pandemic


A recent business review letter issued by the US Department of Justice Antitrust Division to five pharmaceutical and medical/surgical distributors offers insights into the antitrust enforcers’ views on competitor collaborations aimed at improving product access to respond to the Coronavirus (...)

Stephen Wu, Ashley M. Fischer The US DoJ reiterates its focus on prosecuting violations of antitrust laws in areas affected by the COVID-19 outbreak and the criminal prosecution that can be faced


The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws, especially in areas affected by the coronavirus outbreak. On March 9, 2020, (...)

Stephen Wu, Ashley M. Fischer, Jeffrey Brennan, Noah Feldman Greene The Californian Attorney General announces a $575 million settlement with the largest hospital system in Northern California (Sutter)


CALIFORNIA ATTORNEY GENERAL ANNOUNCES HISTORIC $575 MILLION SETTLEMENT OF ANTITRUST SUIT AGAINST SUTTER HEALTH * California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (...)

Stephen Wu, Jeffrey Brennan, Ashley M. Fischer, Ashley McMahon The US Court of Appeals for the sixth circuit establishes test for determining whether the conduct of joint ventures should be analysed under the rule of reason test (The Medical Center at Elizabeth Place / Atrium Health System)


A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct of joint ventures when it is challenged as anticompetitive. The (...)

Ashley M. Fischer, Ashley McMahon, Jeffrey Brennan, Michelle S. Lowery, Stephen Wu The US DoJ reaches a settlement with a healthcare system related to provisions in a contract between the health system and commercial insurers (Charlotte Mecklenburg Hospital Authority)


THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation* The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to (...)

Ashley M. Fischer, Jeffrey Brennan The US Court of Appeals for the Seventh Circuit overturns a district court decision which denies a motion by the FTC to enjoin the proposed merger in a hospital merger case (FTC / Advocate Health Network)


On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This decision follows closely on the heels of the FTC’s victory earlier this year (...)

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