USAP Antitrust Case Update: FTC Case Stayed Pending Settlement Agreement in Principle; Patients' Putative Class Action Continues

HOUSTON, June 1, 2026 /PRNewswire/ -- On May 26, 2026, the United States District Court for the Southern District of Texas issued an order staying the Federal Trade Commission's antitrust case against U.S. Anesthesia Partners ("USAP") and its affiliates while the parties work to finalize a proposed settlement.

The FTC's case against USAP began in 2023 with allegations that USAP had consolidated anesthesia practices and then used its monopolistic power to inflate anesthesia prices, violating federal antitrust laws. On April 23, 2026, the FTC and USAP announced that they had reached an agreement in principle to resolve their ongoing federal antitrust litigation and restore competition in Texas anesthesia markets. The settlement terms remain confidential while USAP implements the proposed relief over the next 180 days. Any final resolution will require approval by the Commission and the court.

The related private litigation against USAP seeking damages and other remedies for Texas residents continues unabated.

In Burbage v. USAP, Texas resident Christy Burbage continues to assert claims on behalf of a putative class of Texas patients who paid inflated prices for anesthesia services as a result of USAP's monopolization and other antitrust violations. Those claims allege that USAP "executed a serial acquisition scheme" by which the company "monopolized the hospital-only anesthesia market and attempted to expand that monopoly to the market for anesthesia services provided at ambulatory surgical centers" and similar non-hospital locations. The complaint alleges that USAP used this monopolization scheme to raise anesthesia prices, improperly causing patients in Texas to pay more for anesthesia services. Class members seek to recover monetary damages for the overcharges.

Under the Court's current scheduling order, the case remains in fact discovery. Class certification is scheduled to be addressed in the second half of 2026 and early 2027. Trial is currently set for January 2028.

Plaintiffs are represented by Barrett Reasoner, Brice Wilkinson, Michael Davis, Sarah Chavey, and Anne Fogel of Gibbs & Bruns LLP; Kellie Lerner, David Scupp, Keagan Potts, and Mike Keramidas of Shinder Cantor Lerner LLP; Kimberly A. Justice, William H. London, Robert J. Wozniak, and Samantha M. Gupta of Justic Jagher London & Millen LLC; and Justin S. Nematzadeh of Nematzadeh PLLC.

For more information, please contact:
Gibbs & Bruns LLP
Charla Clements, Paralegal
[email protected]
713.751.5240

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SOURCE Gibbs & Bruns LLP