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Competition Hospitals Antitrust Violations

Epstein Becker & Green

DOJ’s Antitrust Division Launches New Task Force to Target Health Care Monopolies and Collusion

Epstein Becker & Green on

On May 9, 2024, the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced a new task force to address “pressing antitrust problems in health care markets.” This new initiative, named the Task Force on Health Care...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q2 2023

Goodwin on

Agencies drastically revise Merger Guidelines and HSR process while withdrawing long-established antitrust healthcare guidance - The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ,...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

Holland & Knight LLP on

The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Manatt, Phelps & Phillips, LLP

[Webinar] A Shifting Approach to Health Care Antitrust: A New Lens for Viewing Transactions & Competition - March 22nd, 1:00 pm -...

Since President Biden’s Executive Order in 2021 setting priorities for enforcing antitrust law, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have taken bold action to transform the...more

Robinson+Cole Health Law Diagnosis

FTC and Commonwealth of Pennsylvania Challenge Proposed Hospital Merger

On February 27, 2020, the Federal Trade Commission (FTC) announced an action to block a proposed transaction between Thomas Jefferson University d/b/a Jefferson Health (Jefferson) and Albert Einstein Healthcare Network...more

Wilson Sonsini Goodrich & Rosati

Digital Health Report: Fall 2019

Beware of “Most Favored Nations” Clauses in Commercial Contracts - Imagine that your digital health company has developed a groundbreaking product. You are eager to monetize the product, so you sign non-disclosure...more

McDermott Will & Emery

Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge to Hospital Joint Operating Company’s Contracting...

McDermott Will & Emery on

A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the...more

Akerman LLP - Health Law Rx

Antitrust Exemption Allows Health System to Avoid All Claims for Damages in Antitrust Class Action

Atrium Health (formerly known as Carolinas Healthcare System) scored a big victory in its defense of an antitrust class action on March 4, when the Court ruled that the plaintiffs in Benitez v. The Charlotte-Mecklenburg...more

Bradley Arant Boult Cummings LLP

DOJ Reaffirms Role in Healthcare Antitrust Enforcement - Government Enforcement Update

In a speech before the American Bar Association’s Antitrust in Healthcare conference, held last week in Virginia, Deputy Assistant Attorney General Barry Nigro offered the Department of Justice’s (DOJ) most recent statement...more

Akerman LLP - Health Law Rx

Reversal of Fortune: Rhode Island Court Withdraws “Tentative” Decision to Grant Summary Judgment to Health Insurer in Health...

In what was a surprise result, on April 23, Judge William Smith (Chief Judge of the District of Rhode Island) reversed the “tentative” decision he had announced last November, in Stewart Health v. Blue Cross & Blue Shield of...more

Mintz

Antitrust Suit Against Michigan Hospital Moves Forward As Both Sides Denied Summary Judgment

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A federal district court denied summary judgment motions brought by both sides in the government’s antitrust suit against a Michigan hospital alleging an agreement not to compete in violation of Section 1 of the Sherman Act....more

Sheppard Mullin Richter & Hampton LLP

Antitrust Not Always Available in Competitor Disputes in the Healthcare Sector

The antitrust injury and antitrust standing defenses/doctrines are alive and well in healthcare.  A recent case, SCPH Legacy Corp. et al. v. Palmetto Health et al., shows that a competitor is not always the most legally...more

Mintz

DOJ and NC File Antitrust Suit Challenging Anti-Steering Restrictions in Payor Contracts

Mintz on

A popular weapon used to contain health care expenditures is the creation by payors and employers of tiered provider networks, which by differentiated co-pays attempt to steer insureds to less expensive choices. In...more

Faegre Drinker Biddle & Reath LLP

Insurer Escapes Antitrust Suit, But Hospital Must Continue the Fight

A large regional health insurer extricated itself from an antitrust suit, leaving the dominant local hospital to square off alone versus an ambulatory surgical center (ASC). The U.S. District Court for the Southern District...more

Baker Donelson

Anatomy of a Provider-Merger Antitrust Challenge (Part 6)

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This is the concluding installment of a six-part series discussing the Federal Trade Commission's challenges to provider mergers. Following the initial Introduction and Background (Part 1), the series discusses The Need for...more

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