Collusion among rivals has long been considered the “supreme evil of antitrust.” It is not surprising, therefore, that antitrust scrutiny was applied to one hospital’s decision to employ the Chief Executive Officer of its...more
With the demise of the doctrine of Chevron deference at the U.S. Supreme Court in the Loper Bright Enterprises case, the future of the Federal Trade Commission’s broad rule banning noncompete agreements nationwide is...more
7/5/2024
/ Compensation & Benefits ,
Corporate Officers ,
Employees ,
Employer Responsibilities ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Securities Exchange Act ,
Unfair Competition
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting, and private funding are being scrutinized by the federal and state governments. Proper...more
5/30/2024
/ Acquisition Agreements ,
Antitrust Provisions ,
Corporate Sales Transactions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Hospital Mergers ,
Merger Agreements ,
Regulatory Requirements
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more
5/21/2024
/ Acquisitions ,
Anti-Competitive ,
Anti-Monopoly ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Collusion ,
Continuing Legal Education ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Hiring & Firing ,
Market Power ,
Mergers ,
Non-Compete Agreements ,
Private Funds ,
Risk Mitigation ,
Webinars
As artificial intelligence (AI) continues to permeate the health care industry (and every other part of American life), the industry should be attentive to the risk of anticompetitive conduct arising from reliance on AI and...more
5/15/2024
/ Anti-Competitive ,
Artificial Intelligence ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Innovative Technology ,
Life Sciences ,
Machine Learning ,
Medical Bills ,
No Surprises Act (NSA) ,
Price-Fixing
In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National...more
5/9/2024
/ Antitrust Provisions ,
Compensation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Investigations ,
Listing Contracts ,
National Association of Realtors ,
Popular ,
Real Estate Brokers ,
Real Estate Transactions ,
Regulatory Authority ,
Sales Commissions ,
Sherman Act ,
Statutory Violations
On April 23, 2024, the Federal Trade Commission (FTC) voted to approve issuance of a Final Rule banning nearly all noncompete agreements nationwide. The Final Rule, a draft of which was released just one hour before it was...more
On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral...more
In 2023, the DOJ continued its aggressive criminal antitrust enforcement agenda in health care, with mixed results in labor markets. In speeches, the DOJ asserted that its commitment to labor market cases has not diminished,...more
2/1/2024
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Healthcare ,
Merger Controls ,
Popular ,
Wage-Fixing
Editor’s Note: This article is the second in our three-part series, Federal Antitrust Enforcement in Health Care: 2023 Year in Review. (Click here to read part 1.) The series is based on our recent webinar, 2023 Health Care...more
1/31/2024
/ Acquisition Agreements ,
Antitrust Provisions ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Healthcare ,
Life Sciences ,
Med Tech ,
Medical Devices ,
Merger Agreements ,
Pharmaceutical Industry ,
Popular ,
Section 7 ,
The Clayton Act ,
Vertical Mergers
Editor’s Note: The article below is the first in our three-part series, Federal Antitrust Enforcement in Health Care: 2023 Year in Review. The series is based on our recent webinar, 2023 Health Care Enforcement Trends:...more
In a recent speech, a senior official at the U.S. Department of Justice Antitrust Division noted that “in U.S. antitrust enforcement and competition policy, there is no more important question than what can we do to safeguard...more
11/15/2023
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Violations ,
Consumer Protection Laws ,
Continuing Legal Education ,
Department of Justice (DOJ) ,
Drug Pricing ,
Enforcement Actions ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Fraud ,
Merger Reviews ,
Opioid ,
Pharmaceutical Industry ,
Prescription Drugs ,
State Attorneys General ,
Unfair or Deceptive Trade Practices ,
Webinars
More hospital acquisitions may seek to avoid premerger scrutiny of the Federal Trade Commission (FTC) under the HSR Act (or any antitrust inquiry ever) if a recent federal district court decision holds up and becomes settled...more
Introduction -
No-poach agreements, wherein companies agree not to solicit or hire employees away from a competitor, have been targeted by the White House, the Federal Trade Commission (FTC) and the Antitrust Division....more
9/27/2023
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Fast-Food Industry ,
Federal Trade Commission (FTC) ,
Franchise Agreements ,
Hiring & Firing ,
Human Resources Professionals ,
No-Poaching ,
Per Se Rule ,
Rule-of-Reason Analysis ,
Sherman Act ,
Strategic Enforcement Plan ,
Wage and Hour