As it continues to grapple with the COVID-19 pandemic, the healthcare sector will face increased antitrust scrutiny from the Biden administration, with the Federal Trade Commission (the “FTC”) and Department of Justice,...more
On January 23, 2019, the U.S. Court of Appeals for the Third Circuit (“Third Circuit”) issued an opinion denying the Commonwealth of Pennsylvania the right to recover attorney’s fees after it had successfully blocked a...more
2/4/2019
/ Antitrust Litigation ,
Attorney's Fees ,
Federal Trade Commission (FTC) ,
Fee-Shifting ,
FTC Act ,
Health Care Providers ,
Hospital Mergers ,
Merger Agreements ,
Section 16 ,
Section 7 ,
The Clayton Act
California Attorney General Xavier Becerra filed a civil antitrust lawsuit in San Francisco County Superior Court on March 29, 2018 (the “Complaint”), alleging that Sutter Health (“Sutter”), one of Northern California’s...more
4/9/2018
/ Anti-Competitive ,
Attorney General ,
Cartwright Act ,
Civil Monetary Penalty ,
Contract Terms ,
Health Care Providers ,
Hospitals ,
Injunctive Relief ,
Physicians ,
Price-Fixing ,
Sutter Health
The Seventh Circuit refused to revive an exclusive dealing claim by one hospital against its competitor because of an exclusivity agreement with an insurance plan. Judge Richard Posner wrote the short opinion strongly...more
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
3/16/2017
/ Anti-Monopoly ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Article III ,
Competition ,
Health Care Providers ,
Hospitals ,
Injury-in-Fact ,
Motion to Dismiss ,
Standing
The FTC just suffered a major setback in its concerted efforts to challenge the ever growing number of consolidations in the healthcare industry, failing to secure a preliminary injunction to block a hospital merger in...more
On April 22, 2015, the Federal Trade Commission submitted a public letter to the New York State Department of Health (DOH) expressing “strong concerns” over state regulations offering to provide antitrust immunity to certain...more
The Massachusetts Attorney General and others are currently advocating for legislation that would accord greater legal weight to the findings of an independent state agency, the Health Policy Commission, on the effects of...more