Earlier this week, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) released the long-awaited 2023 Merger Guidelines. The final guidelines are the result of nearly two years of behind-the-scenes...more
The most recent effort by the Biden Administration to “modernize” antitrust policy and enforcement involves withdrawing decades of guidance for the health care industry. On February 2, 2023, the U.S. Department of Justice...more
The U.S. Department of Justice's loss to American Express sends a message to health care providers: Steering, tiering, exclusive dealing and other contractual arrangements that appear to suppress competition in one part of...more
10/19/2016
/ ACOs ,
American Express ,
Anti-Competitive ,
Anti-Steering Rules ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Credit Cards ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Health Insurance ,
Healthcare ,
Medicare Shared Savings Program ,
Merchants ,
Retailers ,
Unfair Competition
Consolidation in health insurance markets can injure hospitals and doctors by creating buyer-side market power that can force providers to accept below-market prices, limit patients’ access to care, and reduce innovation in...more
8/1/2016
/ Aetna ,
Anthem Blue Cross ,
Anticompetitive Behavior ,
Antitrust Provisions ,
CIGNA ,
Department of Justice (DOJ) ,
Elder Issues ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Humana ,
Insurance Industry ,
Medicare Advantage ,
Mergers ,
Monopolization
On February 25, 2015, the U.S. Supreme Court narrowed the scope of antitrust immunity for state regulatory boards whose members are active market participants in the occupation regulated by the boards. In North Carolina State...more
6/24/2015
/ Dental Practice ,
Federal Trade Commission (FTC) ,
Healthcare ,
LegalZoom ,
NC Board of Dental Examiners v FTC ,
Pain Management ,
Regulatory Standards ,
SCOTUS ,
Sherman Act ,
State Medical Board ,
Telemedicine
In reviewing mergers of healthcare providers, government antitrust enforcers have historically focused on horizontal mergers between competing providers—in particular, those that result in high market shares in a specific...more
3/18/2015
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Hospital Mergers ,
Hospitals ,
Physicians ,
Popular ,
St. Luke's
When competing health care providers affiliate by contract, rather than by merger or acquisition, they often face the challenge of structuring their joint activities to avoid liability under § 1 of the Sherman Act, which...more
In This Issue:
- What Providers Should Know
- Background
- Ruling
- Excerpt from What Providers Should Know:
A federal judge recently ordered a hospital system to unwind its year-old acquisition...more