Kenneth W.Field (Ken)

Practice Leader Health Care & Life Sciences

Washington + 1.202.879.3963

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Ken Field is a nationally recognized leader in antitrust and health care law and is co-chair of Jones Day's global Health Care Practice. He advises clients on all aspects of antitrust and competition law and regularly appears before the United States Department of Justice (DOJ), the Federal Trade Commission (FTC), and state antitrust enforcement authorities. Ken has a broad range of experience in M&A, government investigations, litigation, compliance programs, and other complex competition issues and counsels clients in various industries in addition to health care, including retail, consumer products, packaged foods, telecommunications, manufacturing, transportation, energy, and more.

Ken rejoined Jones Day following six years at the FTC, where he served as Counsel to the Director of the Bureau of Competition and as lead attorney on significant FTC investigations and litigated merger challenges. He began his career with the Antitrust Division of the DOJ before joining Jones Day as an associate in 2002.

In 2017 and 2018, Who's Who Legal recommended Ken "for his proficiency handling major merger reviews" and "his brilliant merger defense work in the healthcare sector," calling him a "collaborative and creative thinker" who "brings the perfect combination of client service and government experience." He was also named a Law360 Health Law MVP in 2016 for his work on three high-profile merger and litigation matters. A member of the American Health Lawyers Association and American Bar Association Sections of Antitrust and Health Care Law, Ken frequently speaks and writes on important antitrust and health care issues.

Experiência

  • ProMedica Health and Welltower complete acquisition of HCR ManorCare and Quality Care properties for $4.4 billionJones Day served as lead antitrust counsel for both ProMedica Health Systems, Inc. and HCR ManorCare, Inc., and co-counsel for ProMedica on other complex corporate, bankruptcy, and regulatory issues, in this first of its kind partnership and acquisition.
  • Cleveland Clinic adds Union Hospital to its health systemJones Day advised Cleveland Clinic in connection with the acquisition of Union Hospital.
  • Mercy Health acquires St. Anthony's Medical CenterJones Day represented Mercy Health, Inc. in its acquisition of St. Anthony's Medical Center, the third largest hospital in the St. Louis metropolitan area, and successfully obtained antitrust clearance.
  • Cabell cleared to acquire St. Mary's following dismissal of FTC antitrust lawsuit to block transactionAfter a nearly two-year fight with the U.S. Federal Trade Commission, Cabell Huntington Hospital, Inc. has overcome all regulatory hurdles to its acquisition of St. Mary’s Medical Center, Inc., clearing the way to combine Huntington, West Virginia’s only two health systems.
  • Conagra Brands acquires Thanasi FoodsJones Day advised Conagra Brands, Inc. in its acquisition of protein-based snacking businesses Thanasi Foods LLC, maker of Duke's® meat snacks, and BIGS LLC, maker of BIGS® seeds.
  • PinnacleHealth and UPMC close transactionJones Day advised PinnacleHealth System in its successful affiliation with the University of Pittsburgh Medical Center (UPMC).
  • RCCH HealthCare Partners sells EASTAR Health System to Saint Francis Health SystemJones Day served as lead antitrust counsel to RCCH HealthCare Partners in the sale of EASTAR Health System, based in Muskogee, Oklahoma, to Saint Francis Health System.
  • PinnacleHealth acquires four Pennsylvania hospitalsJones Day advised PinnacleHealth System in its successful acquisition of four Pennsylvania hospitals from Community Health Systems: Memorial Hospital of York in York, Lancaster Regional Medical Center in Lancaster, Heart of Lancaster Regional Medical Center in Lititz, and Carlisle Regional Medical Center in Carlisle.
  • CentraCare secures antitrust clearance to acquire St. Cloud Medical Group by successfully asserting the "failing firm" defenseCentraCare Health obtained antitrust clearance, through a consent decree with the Federal Trade Commission, to acquire St. Cloud Medical Group.
  • Penn State Health acquires St. Joseph Regional Health NetworkJones Day counseled Penn State Milton S. Hershey Medical Center in its acquisition of St. Joseph Regional Health Network, based in Reading, Pennsylvania, from Catholic Health Initiatives.
  • Monster Beverage enters into long-term commercial relationship with Coca-Cola and receives net cash payment of $2.15 billionJones Day represented Monster Beverage Corporation in connection with a series of transactions involving The Coca-Cola Company for a long-term commercial relationship in which Coke transferred its global energy drink business to Monster, Monster transferred its non-energy business and 16.7% of its common stock to Coke, the parties realigned their global distribution relationship, and Coca-Cola made a net cash payment of $2.15 billion to Monster.
  • PinnacleHealth pursued strategic partnership with Hanover HospitalJones Day advised PinnacleHealth System as it pursued a strategic partnership with Hanover Hospital in Hanover, Pennsylvania.
  • PinnacleHealth System and Penn State Hershey attempt to merge Pennsylvania hospitalsJones Day represented PinnacleHealth System and Penn State Milton S. Hershey Medical Center as antitrust counsel in the hospitals' proposed merger.
  • Major academic medical center forms alliance with regional health systemJones Day is representing a major academic medical center in a proposed affiliation with a regional hospital and health system.
  • ConAgra and its joint venture partners Cargill and Horizon Milling sell four U.S. flour mills to Miller Milling for $215 millionJones Day advised ConAgra Foods Food Ingredients Company, Inc. in its sale with joint venture partners Cargill, Incorporated and Horizon Milling, LLC of four U.S. flour mills for a combined initial purchase price of $215 million.
  • ConAgra, Cargill, and CHS form joint venture combining flour milling businesses to create new company, Ardent MillsJones Day advised ConAgra Foods in a joint venture with Cargill Incorporated and CHS Inc. to form Ardent Mills, a new flour milling company that will serve customers in the baking and food industries.
    •

    October 2021 White Paper

    Executive Order on Promoting Competition in the American Economy: A Focus on Patent and Drug Law to Reduce Health Care Spending

    April 2021 Alert

    DOJ and FTC Bring First-Ever Action Under COVID-19 Consumer Protection Act

    January 2021 Commentary

    New Law Eliminates 75-Year-Old Antitrust Exemption for "Business of Health Insurance"

    March 2020 Commentary

    HHS Issues Limited Waivers of HIPAA Sanctions and Penalties for Hospitals in Response to COVID-19

    March 2020 Commentary

    COVID-19 Emergency Efforts: HHS to Allow Non-HIPAA Compliant Telehealth Remote Communications

    March 2020 Commentary

    The Coronavirus Crisis: Expansion of Medicare Telehealth Services

    March 2020 Commentary

    The Impact of Emergency Declarations and State Actions to Combat Coronavirus on Health Care Providers

    July 2019 Alert

    Antitrust Alert: Eighth Circuit Upholds Injunction Against Physician Group Acquisition

    May 2019 Jones Day Publications

    FTC Sues e-Prescriptions Company in Rare Monopolization Case

    July 2017 Alert

    Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case
    Ver tudo

    • August 2017
      The Flaws in Using the Hypothetical Monopolist Test from the “Payor Perspective” in Health Care Merger Cases, The Antirust Source, American Bar Association
    • August 2017
      The Flaws in Using the Hypothetical Monopolist Test from the “Payor Perspective” in Health Care Merger Cases
    • March 2017
      The High Water Mark for Hospital Merger Enforcement?, ABA Section of Antitrust Law 2017 Spring Meeting
    • October 2015
      Health Care Merger Analysis in the Era of Payment Reform, Competition, The Journal of the Antitrust, UCL and Privacy Section of the State Bar of California (Vol. 24, No.2, Fall 2015)
    • April 2015
      Supreme Court Requires State Supervision of Professional Boards to Secure Antitrust Immunity, CPI Antitrust Chronicle
    • September 2014
      Redefining Care and Competition Models in Health Care, Competition Policy International
    • December 2012
      FTC Hospital Merger Enforcement: Developments and Implications for M&A, The M&A Lawyer

    Palestras / Aulas

    • November 19, 2020
      Recent Developments in Health Care and Pharmaceutical Antitrust, ABA Section of Antitrust Law Teleconference
    • June 16, 2017
      Antitrust in Health Care: Best Practices for Working with the FTC and State Regulators, 2017 Health Law Institute, Minnesota State Bar Association
    • March 29, 2017
      Back to the Future: Hospital Merger Enforcement, 2017 Antitrust Law Spring Meeting, American Bar Association, Section of Antitrust Law
    • October 20, 2016
      COPAs: Do They Help or Hurt Consumers?, American Health Lawyers Association, Antitrust Practice Group
    • May 13, 2016
      Preserving and Enhancing Competition in Healthcare Markets, panelist, Antitrust in Healthcare conference sponsored by ABA Health Law Section, ABA Section of Antitrust Law, and the American Health Lawyers Association
    • April 19, 2016
      Feds v. States: Is Strict Antitrust Enforcement Beneficial for Health Care Consumers or Is State Action Immunity Necessary to Protect Them?, American Health Lawyers Association, Antitrust Practice Group
    • September 10, 2015
      The Economics of Anticompetitive Practices, with Francine Lafontaine, Director of FTC's Bureau of Economics, American Bar Association, Section of Antitrust Law, Economics Committee
    • May 18, 2015
      The Capitol Forum Interview Series with Ken Field, Jones Day

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