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Oncology Practice on the Hook for $120 Million Over Alleged Anticompetitive Conduct

  • Florida AG Ashley Moody reached a settlement with Florida Cancer Specialists & Research Institute, LLC (“FCS”) to resolve allegations that it entered into illegal agreements with competitors to carve out monopolistic geographic and product markets in violation of the Florida Antitrust Act and the Florida Deceptive and Unfair Trade Practices Act.
  • According to the complaint, FCS, which operates approximately 100 facilities in the state, allegedly attempted to coordinate with its competitors to exclusively allocate certain treatments to FCS while other treatments would be exclusively allocated to a competitor of FCS within specific geographic areas.
  • Under the terms of the consent decree, FCS is enjoined from anticompetitive conduct and will cooperate in the AG’s continuing investigation into the provision of oncology services in the state, promulgate antitrust policies and procedures, and pay $20 million to the AG’s office, among other things. Concurrently, FCS entered into a deferred prosecution agreement with the DOJ, pursuant to which it will pay a $100 million criminal penalty to resolve DOJ’s parallel federal criminal antitrust investigation.