Under the DPA, FCS agreed to pay $100 million, the statutory maximum penalty for committing an antitrust crime, and to cooperate with the ongoing investigation of the DOJ’s Antitrust Division. The oncology group also agreed to maintain an effective compliance program to detect and prevent antitrust violations.
In addition, the DPA included a non-compete waiver to increase competition in the treatment of cancer patients in Southwest Florida. FCS agreed that it will not implement any non-compete provisions with its current or former oncologists who open or join an oncology practice in the area during the term of the DPA.
DOJ Antitrust Division will continue its investigation into FCS co-conspirators
In a statement, DOJ Antitrust Division Assistant Attorney General Makan Delrahim said the DPA is “a significant step toward ensuring that cancer patients in Southwest Florida are afforded the benefits of competition for life-saving treatments.”
He added, “For almost two decades, FCS and its co-conspirators agreed to cheat by limiting treatment options available to cancer patients in order to line their pockets. The Antitrust Division is continuing its investigation to ensure that all responsible participants are held accountable to the maximum extent possible.”
