Federal regulators are looking at whether the nation's largest electronic health records company violated competition law. Antitrust law, which bars dominant companies from using their market position to lock out rivals, is the framework behind a Federal Trade Commission probe into Epic Systems Corp. Three people recently contacted by FTC investigators confirmed the examination is underway.
Electronic health records are the software platforms hospitals and clinics use to manage and share patient data. Epic is the dominant vendor of those systems in the United States. The company's market position has grown, and its control over Americans' health data has accelerated in recent years. That kind of concentration raises the question regulators now appear to be working through: whether Epic's scale reflects competitive success or conduct that prevented rivals from competing on a fair footing.
The three people who confirmed the probe work in or advise health care businesses that interact with Epic. They told investigators they were asked about a wide range of issues tied to the company's policies and practices. No specific allegations have been made public, and the FTC has not confirmed any formal investigation.
Where the probe stands now
Early antitrust investigations begin with broad information gathering, and many close before any formal action is taken. The people contacted by the FTC said the inquiry may never produce charges against Epic. That is a common outcome at this stage. The agency opens far more investigations than it pursues to a formal conclusion.
Complaints that preceded the inquiry
Epic has built a history of friction from two directions. Former employees have filed lawsuits, and rival companies have brought their own claims over the company's conduct and practices. Both streams appear to inform what investigators are now reviewing. The questions put to the three sources were broad in scope and covered territory that maps closely to the disputes Epic has generated in dealings with competitors and former staff.