Navigating Antitrust Law in the ABA Field
Before my firstborn child was diagnosed with autism, I was a practicing attorney at the United States Department of Justice. I worked in the Civil Division and litigated cases, mostly appeals, in federal courts all over the country.
A sister branch to the Civil Division was the Antitrust Division, which focused exclusively on upholding federal antitrust laws. During my years at Justice, the biggest antitrust news was the government’s longstanding battle with Microsoft. That dispute lasted many years and entailed much disagreement about what antitrust law actually prohibits.
(Funny memory: during the Microsoft dispute, DOJ attorneys were required to use WordPerfect while the rest of the world moved to Word and the Office Suite. I'm still a WordPerfect pro!)
At this year’s CASP conference, one of our featured speakers will present on antitrust law in the ABA and autism space. I'm excited for the presentation, because I've long believed that many ABA practitioners are overly afraid of antitrust law.
I appreciate that practitioners—and ABA business owners especially—want to exercise caution to stay on the right side of the law. But I think we're overly cautious in a way that restricts collaborative conversation that would benefit the entire field.
(As an aside, I choose the word “field” carefully and deliberately. To me, ABA is still a field, and I slightly cringe when I hear our field called the “ABA industry.”)
I’m so excited that CASP’s annual conference in May will feature Richard Powers, who's a former deputy assistant attorney general with the U.S .Department of Justice and current partner at Kressin Meador Powers. Conference attendees will benefit from a deep dive into antitrust law from a seasoned antitrust lawyer who's worked for both business and the federal government.
While at Justice, Richard prosecuted fraud cases in the financial services industry, including bid rigging in the municipal bonds industry. He spent several years in the Criminal Division Fraud Section’s Healthcare Fraud Unit in New York. There he prosecuted complex, multi-million dollar health care fraud, money laundering, and tax conspiracies.
Under Richard’s leadership, the Antitrust Division litigated an unprecedented number of cases against corporations and senior executives. It brought landmark prosecutions in industries including healthcare, pharmaceuticals, and government procurement. He supervised the Justice Department’s first criminal monopolization cases in half a century and oversaw the prosecution of the first wage fixing and criminal no-poach prosecutions.
As the architect of the Antitrust Division’s most recent comprehensive updates to its policies and guidance on evaluating and crediting compliance, Richard provides unique insight in designing compliance initiatives to account for recent enforcement actions and policy developments.
A West Point graduate and combat veteran, Richard served in the U.S. Army as an infantry officer, achieving the rank of Captain. He received a Bronze Star for his service as a platoon leader and executive officer in Baghdad, Iraq. Richard’s other military awards include the Combat Infantryman’s Badge, Ranger Tab, and Parachutist Badge.
At the CASP conference in May, Richard will give a primer on antitrust law in the ABA-as-healthcare framework. As head of the trade association for autism service providers, I look forward to a better collective understanding of how our providers can safely share information regarding wages and rates.
CASP members are known for their collaborative spirit, which I believe is good for the autistic individuals we serve. A deeper understanding of relevant antitrust laws will strengthen our collective business acumen and enhance the sophistication of the field, leading to greater consistency in the quality of our services and thus better outcomes for everyone.
