US Anesthesia Partners files to dismiss monopoly lawsuit

U.S. Anesthesia Partners has filed a motion to dismiss a lawsuit from the Federal Trade Commission accusing the provider of forming a monopoly in Texas, according to a Nov. 21 report from Fox 26 Houston.

In September, the Federal Trade Commission sued U.S. Anesthesia Partners and its creator, private equity firm Welsh, Carson, Anderson & Stowe, alleging the two groups executed a multiyear anticompetitive scheme to consolidate anesthesiology practices in Texas and hike up the price of anesthesia services provided to Texas patients and increase their own profits. 

The FTC claims that the move cost Texans tens of millions of dollars more every year in anesthesia services. 

In its dismissal motion, USAP claims that the FTC is inaccurately representing the anesthesia market in Texas and failing to make its case. USAP claims that the reimbursements it receives are in line with industry standards. 

"The FTC's civil complaint against USAP is based on flawed legal theories and a lack of understanding about the healthcare industry. It is an attack on our independent, physician-owned and physician-led medical practice rather than a valid complaint that has credible allegations of anticompetitive harm. USAP has filed a motion to dismiss this complaint given the agency is acting outside the scope of its authorized powers," J. Scott Holiday, MD, a USAP Texas physician and board member, said in a statement to Fox 26. 

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