David A. Ettinger

David Ettinger has been a key member of Honigman’s Antitrust and Trade Regulation practice for more than 35 years. He has litigated antitrust cases and represented clients in antitrust matters in a wide variety of industries in more than 30 states.

David is to our knowledge the only antitrust lawyer in America to have both successfully challenged and defended mergers on antitrust grounds. (U.S. v. Mercy, Saint Alphonsus v. St. Luke’s.)

David has an especially deep involvement in health care antitrust matters, on behalf of hospitals, physician groups and payors, including litigation and advice. David has also extensively practiced before the FTC, both in defending investigations of health care transactions and advocacy of FTC action against anticompetitive transactions on behalf of our clients.

Most recently, David has been extremely active in bringing private antitrust actions in the health care field, typically challenging dominant hospitals and payors on behalf of smaller hospitals and managed care plans who are threatened by anticompetitive actions. Ten private actions in health care have been brought by Honigman in the last ten years. These cases have resulted in preliminary injunctive relief and favorable settlements, among other remedies.

This experience allows David, and our antitrust practice group, to provide our health care clients with the most cost effective assistance. Given David’s graduate school training in economics, we are also often able to reduce the need for the use of expensive economic experts.

Our experience also allows us to provide a cutting edge analysis of competitive issues in health care. Our representation of both plaintiffs and defendants allows us to better understand the arguments that could be made against our clients considering transactions, as well as the defenses that could be offered against our clients seeking to challenge anticompetitive conduct.

Our work is designed to address real world (not theoretical) risks. We design our strategies to reflect our health care clients’ overall business needs and the complexities of health care markets and regulations.

We understand that antitrust issues are only one potential obstacle to our clients’ objectives in completing transactions, and only one potential tool to solve our clients’ competitive issues. Because of our experience in health care, we are able to provide our advice in a larger context that considers a range of business and legal issues.

Our clients are very satisfied with David’s work. Stephanie Westermeier, General Counsel of Saint Alphonsus Health System in Boise, Idaho, provided the following comments: “David is an incredibly skilled lawyer who is exceedingly competent in antitrust law. I know I can always rely on David for antitrust advice that is clear, concise, pragmatic and timely.  David was a trusted partner with me for several years as outside counsel in complex antitrust litigation in which we prevailed at trial and on appeal. I was extremely pleased with his excellent representation of our health system in every aspect of the case.”

Steve Skrivanos, Chair of University Health in Shreveport, Louisiana, says: “In my many years of dealing with professionals across numerous disciplines, David is the hardest working and most diligent person I have ever encountered. He has the ability to immediately understand and digest myriad facts and nuances of complicated situations, and then elegantly reduce those to allow the layman to immediately comprehend their significance. In the several instances where he has appeared in court on our behalf, he has far outclassed his opposition.”

Our health care litigation experience includes the following: 

• Holy Cross Hospital, Inc. v. American Anesthesiology Services of Florida, Inc., et al. Antitrust challenge to noncompete and nonsolicitation clauses.
• St. Joseph’s Hospital Health Center v. American Anesthesiology of Syracuse, P.C., et al. Antitrust challenge to noncompete and nonsolicitation clauses.
• Saint Francis Hospital and Medical Center, Inc. v. Hartford HealthCare Corporation, et al. Challenge to physician practice acquisitions and other anticompetitive actions.
• St. Luke’s Hospital, et al. v. ProMedica Health System, Inc., et al. Challenge to anticompetitive actions by dominant hospital system.
• Trinity Health Corporation v. Anesthesia Associates of Ann Arbor, PLLC. Antitrust challenge to noncompete clauses covering hospital-based physicians at 6 hospitals.
• Saint Alphonsus v. St. Luke's Health System, Ltd. Successful challenge to hospital acquisition of physician practice.
• BRFHH Shreveport v. Willis-Knighton. Challenge to threatened agreements between hospital and medical school practice.
• BRFHH Shreveport v. Willis-Knighton. Claim of coercion of hospital medical staff in order to suppress cooperation with hospital and thereby to harm competition.
• U.S. v. Mercy Health Services. Successful defense of a hospital merger against a Justice Department challenge
• Advocacy Organization for Patients and Providers v. Mercy Health Services. Defense of hospital merger.
• Hassan v. Independent Practice Associates. A leading case on HMO and network antitrust liability.
• Health First, Inc. v. Bronson Methodist Hospital. Antitrust issues involving HMO.
• U.S. v. Federation of Certified Surgeons and Specialists. Defense of Department of Justice investigation and negotiation of a consent agreement on behalf of a Florida network of general surgeons.
• In the Matter of Texas Surgeons, P.A. Defense of an antitrust investigation by the Federal Trade Commission (FTC) and Texas Attorney General and negotiation of a consent decree on behalf of an Austin, Texas, network of general surgeons.
• Williams v. Kleaveland. Defense of conspiracy claim relating to loss of medical staff privileges.
• D&M Orthotics and Prosthetics v. Sisters of Mercy Health Corp. Defense of claim of exclusion of provider.
• Beyer v. Bronson Methodist Hospital. Defense of physician staff privileges claim.
• Sarin v. Samaritan Health Center. Defense of physician staff privileges claim.
• Ezpeleta v. Sisters of Mercy Health Corp. Exclusive physician contract case.
• Mid-Michigan Radiology Associates v. Central Michigan Community Hospital. Exclusive radiology contract case.
• Associated Foot Surgeons v. National Foot Care Program, Inc. Defense of boycott claim against PPO.
• Chi v. Sisters of Mercy Health Corporation. Defense of preliminary injunction against exclusive physician contract.
• Modi v. Port Huron Hospital. Defense of claim relating to exclusive physician contracts.
• Glen Eden Hospital v. Blue Cross Blue Shield. Defense of price-fixing claim against Blue Cross plan and hospital association.
• Patel v Northern Arizona Healthcare. Defense of claims that hospital system attempted to monopolize cardiology services. ● Calabrese v. St. Mary's. Defense of antitrust claims relating to physician exclusion.
• Cason-Merendo v. Detroit Medical Center. Defense of class action alleging conspiracy to suppress nurses' wages.
• Heartland Surgical Specialty Hospital, LLC v. Midwest Division, Inc. Defense of claim of boycott of physician-owned specialty hospital.
• PC Healthcare Enterprises, Inc. v. Arizona Hospital and Healthcare Association. Claim of fixing of per diem nurses' wages.
• Doe v. Arizona Hospital & Health Care Association. Putative class action alleging price fixing in the purchase of per diem nurse and traveler nurse services.
• Commonwealth of Pennsylvania v. Urology of Central Pennsylvania, Inc. Defense of physician merger and negotiation of consent order.
• Health Alliance Plan of Michigan v. Blue Cross Blue Shield of Michigan Mutual Insurance Company. Claim arising out of most favored nations clauses.
• Defended government investigations of hospitals, physician practices, and hospital networks in Florida, Indiana, Michigan, Missouri, and Pennsylvania.
• Represented merging hospitals in Port Huron, Michigan, in negotiating a consent agreement with the FTC.
• Counseled numerous hospitals and physician groups regarding mergers and acquisitions in Alabama, Arizona, California, Connecticut, Florida, Idaho, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, Nebraska, New Jersey, New York, Oklahoma, Pennsylvania, South Carolina, and Texas.
• Counseled physician and hospital networks in Alabama, Arizona, Iowa, Kentucky, Michigan, Mississippi, Nebraska, Tennessee, and Texas.
• Defended FTC investigation of consolidated physician practice in Indiana.
• Counseled healthcare trade associations.

Practice Areas

Industries

Representative Matters

Representative cases:

• St. Luke’s Hospital, et al. v. ProMedica Health System, Inc., et al. (N.D. Ohio).  Challenge to anticompetitive actions by dominant hospital system.

• Saint Alphonsus v. St. Luke's Health System, Ltd. (D. Idaho). Successful challenge to hospital acquisition of physician practice.
• Trinity Health Corporation v. Anesthesia Associates of Ann Arbor, PLLC. (E.D. Mich.) Antitrust challenge to noncompete clauses covering hospital-based physicians at 6 hospitals.
• Cason-Merendo v. Detroit Medical Center (E.D. Mich.). Defense of class action alleging conspiracy to suppress nurses’ wages.
• Commonwealth of Pennsylvania v. Urology of Central Pennsylvania, Inc. (M.D. Pa.) Defense of physician merger and negotiation of consent order.
• Health Alliance Plan of Michigan v. Blue Cross Blue Shield of Michigan Mutual Insurance Company (E.D. Mich.). Challenge to most favored nations clauses.
• BRFHH Shreveport v. Willis-Knighton (W.D. La.). Challenge to threatened agreements between hospital and medical school practice.
• United States v. Mercy Health Services (N. D. Ia.). Successful defense of a hospital merger against a Justice Department challenge.
• Hassan v. Independent Practice Associates (E.D. Mich.). A leading case on HMO and network antitrust liability.
• Chi v. Sisters of Mercy Health Corp. (N.D. Ia.). Defense of preliminary injunction against exclusive physician contract.
• Patel v Verde Valley Medical Center (D. Ariz.). Defense of claims that hospital system attempted to monopolize cardiology services.
• Heartland Surgical Specialty Hospital, LLC v. Midwest Division, Inc. (D. Kan.). Defense of claim of boycott of physician-owned specialty hospital.
• Lundsford v. Callaway Golf Co. (D. Tenn.). Defense of purported class action alleging resale price maintenance in the sale of golf clubs.
• Compuware v. IBM (E.D. Mich.). Challenge to tying of mainframe software products.
• Easton Sports, Inc., v. NCAA (D. Kan.). Claim of antitrust violations by National Collegiate Athletic Association through restrictions on the use of bats in NCAA competition.
• In re Motorsports Merchandise Antitrust Litigation (N.D. Ga.). Defense of class action alleging price fixing in the sale of merchandise at NASCAR races.
• Kerasotes Michigan Theatres, Inc. v. National Amusements, Inc. (6th Cir.). Challenge to conspiracy to boycott in motion picture industry.
• Defended government investigations of mergers and joint ventures in the automobile parts, food products, home products, hospital, mainframe computer software, design computer software, supermarket, oil field servicing, specialty physician practice, and home hardware industries.

Education

Admissions

Court Admissions

Awards

• The Best Lawyers in America, 2005-2026
  • Recognized in the practice areas of:
    • Antitrust Law
    • Franchise Law
    • Litigation - Antitrust
  • Detroit Antitrust Law "Lawyer of the Year," 2013, 2016, 2018 and 2021
  • Detroit Litigation - Antitrust "Lawyer of the Year," 2017, 2019, 2021 and 2024

• Honored by BTI Consulting Group as a 2021 M&A Client Service All-Star

• DBusiness, Top Lawyers, 2009, 2011-2019, and 2022-2026
• Michigan Super Lawyers, 2006-2025
• Law Bulletin Media
  • Leading Lawyers, Antitrust Law, 2023-2024
  • Leading Lawyers, Class Action/Mass Tort Defense Law, 2023-2024

Professional & Community Involvement

State Bar of Michigan

• Antitrust Law Section, former Chairman

News

Press Releases

Events

Publications