On July 24, the Department of Justice (DOJ) and Federal Trade Commission (FTC) held the second of three listening sessions focused on competition in the pharmaceutical marketplace as part of the agency's implementation of the...more
7/29/2025
/ Antitrust Provisions ,
Biologics ,
Biosimilars ,
Competition ,
Department of Justice (DOJ) ,
Drug Pricing ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Healthcare ,
Life Sciences ,
Orange Book ,
Patient Access ,
Pharmaceutical Industry ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
Warning Letters
On June 30, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) held the first of three listening sessions focused on ways to lower Americans’ drug prices through competition. The panels are being held as...more
7/2/2025
/ Antitrust Provisions ,
Biosimilars ,
Competition ,
Department of Justice (DOJ) ,
Drug Distribution ,
Drug Pricing ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Healthcare ,
Intellectual Property Protection ,
Life Sciences ,
Patents ,
Patient Access ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Regulatory Reform
Biotechs have faced several challenging years with slumping valuations and a competitive funding environment. However, the latest slew of retirements and layoffs at the FDA could present their greatest challenge yet....more
5/21/2025
/ Biotechnology ,
Competition ,
Drug Design ,
FDA Approval ,
Food and Drug Administration (FDA) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Life Sciences ,
Patient Access ,
Pharmaceutical Industry ,
Popular ,
Regulatory Requirements ,
Research and Development
As state legislatures introduce legislation expanding the reach of their antitrust laws and state attorneys general ramp up their use of antitrust investigations and litigation, the legal landscape continues to become more...more
2/28/2025
/ Antitrust Provisions ,
California ,
Competition ,
Constitutional Challenges ,
Healthcare ,
Jurisdiction ,
Patents ,
Pharmaceutical Industry ,
Settlement ,
State Attorneys General ,
Unfair Competition
At the end of the Biden administration, the Federal Trade Commission (FTC) announced a settlement with private equity firm Welsh, Carson, Anderson, and Stowe, and several of its affiliates (Welsh Carson), resolving what the...more
A Texas federal court dismissed the Federal Trade Commission’s (FTC) lawsuit against private equity (PE) owner, Welsh, Carson, Anderson & Stowe (Welsh Carson), while allowing to proceed the agency’s challenge against U.S....more
6/12/2024
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Health Care Providers ,
Healthcare ,
Insurance Contracts ,
Monopolization ,
Motion to Dismiss ,
Private Equity Firms
On May 9, Assistant Attorney General (AG) Jonathan Kanter announced that Department of Justice’s (DOJ) Antitrust Division has formed a Task Force on Healthcare Monopolies and Collusion (HCMC). The initiative will bring...more
On March 5, the Federal Trade Commission (FTC) hosted a public workshop titled “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care.” The event is part of the agency’s effort to publicize and...more
3/8/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Corporate Sales Transactions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Hospital Mergers ,
Investment ,
Private Equity ,
Request For Information
The U.S. Federal Trade Commission (FTC) took the next step in its long-standing effort to encourage lower prices and increase competition in the pharmaceutical industry. As part of the Biden administration’s whole government...more
2/12/2024
/ Bayh-Dole Act ,
Biden Administration ,
Biosimilars ,
Competition ,
Drug Distribution ,
Drug Pricing ,
Federal Trade Commission (FTC) ,
Food & Drug Regulations ,
Generic Drugs ,
Healthcare ,
Healthcare Reform ,
March-in-Rights ,
NIST ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Regulatory Agenda
Recent appellate decisions confirm the uphill battle hospitals face when merging with other hospitals. On October 31, the U.S. Court of Appeals for the Seventh Circuit overturned the district court’s ruling in Federal Trade...more
The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007.
The U.S. Court of Appeals for the...more
10/18/2016
/ Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Geographic Markets ,
Health Care Providers ,
Healthcare ,
Hospital Mergers ,
Hospitals ,
Hypothetical Monopolist Test ,
Merger Agreements ,
Preliminary Injunctions
The Federal Trade Commission suffered a rare loss when, on Sept. 24, the U.S. District Court for the Northern District of Ohio denied its request for a preliminary injunction, despite having accepted the FTC’s “actual...more
The court’s decision in FTC v. Steris demonstrates the importance of conducting a thorough antitrust analysis of all aspects of a merger or acquisition from every possible angle, including likely future competition.
On...more