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Antitrust Provisions Sherman Act Healthcare

BakerHostetler

Live Updates #2 - ABA Antitrust Spring Meeting 2025, Washington, D.C.

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The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these brief updates from the conference sessions on Day 2 at this week’s ABA Antitrust Spring Meeting in Washington, D.C....more

A&O Shearman

Eastern District Of Pennsylvania Grants Defendants’ Motion To Dismiss Allegations Of Tying Discounted Drug Prices With Third-Party...

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On February 26, 2025, Judge Mia Perez of the United States District Court for the Eastern District of Pennsylvania granted defendants’ motion to dismiss plaintiff’s Sherman Act and Clayton Act claims, though the plaintiff had...more

Stevens & Lee

Federal Court: No Sherman Act Violation Absent Anticompetitive Conduct and Anticompetitive Effects

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Back in late January, U.S. District Court Judge Xavier Rodriguez in the Western District of Texas granted summary judgment to Loredo Medical Center (LMC) and a locally-based interventional cardiology group (LMC Cardiology...more

Troutman Pepper Locke

Cardiology Monopolization Case Confirms Antitrust Laws Protect Competition, Not Competitors

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Confirming the bedrock principle that the antitrust laws are designed to protect competition and not individual competitors, a federal court put an end to a legal turf war over the cardiology market in Laredo, TX on January...more

Mintz - Antitrust Viewpoints

Information Sharing in the Trump Administration

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more

Mogin Law LLP

Major Electronic Medical Records Firm ‘Squashing’ Competition, Antitrust Suit Claims

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Case pits newcomer against colossus said to control as much as 80-90% of the market. Particle Health Inc., a young healthcare data platform provider, has filed an antitrust complaint against Epic Systems Corp., the dominant...more

Proskauer Rose LLP

FTC Focus: Private Equity Investments In Healthcare

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U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare. On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more

Proskauer - Health Care Law Brief

Public Portal to Promote Healthy Competition

Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care...more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

Ballard Spahr LLP

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

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Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more

Vinson & Elkins LLP

From Manila Envelopes to Algorithms: The Department of Justice Revisits Antitrust Information Sharing Guidance

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Sharing competitively sensitive information can carry antitrust risks in certain situations. Recently, the Antitrust Division of the U.S. Department of Justice indicated that it will take an increased interest in challenging...more

Wilson Sonsini Goodrich & Rosati

DOJ Withdraws Support for Healthcare Policy Statements and Increases Information Exchange Scrutiny

On February 2, 2023, Doha Mekki, Principal Deputy Attorney General (DAAG) for the U.S. Department of Justice (DOJ) Antitrust Division, announced the agency’s withdrawal of three enforcement policy statements related to...more

Foley & Lardner LLP

DOJ Withdraws Policy Statements That Defined Limited Safe Harbor for Information Sharing Among Competitors

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On February 3, 2023, the U.S. Department of Justice’s Antitrust Division (DOJ) announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission (FTC) issued between 1993 and 2011, related to...more

Mintz - Health Care Viewpoints

The California Attorney General and Sutter Health Face Off in an Antitrust Lawsuit

On March 29, 2018, the Attorney General of California filed an antitrust action against Sutter Health and its affiliates (“Sutter”) alleging Sutter engaged in various anticompetitive conduct in violation of California’s...more

Sheppard Mullin Richter & Hampton LLP

Regulatory Capture Vitiates State Action Immunity

The Supreme Court has ruled that when an oversight mechanism created by a State —here a State Board — is under the control of those it was supposed to be regulating (sometimes referred to by economists as “regulatory...more

Baker Donelson

Anatomy of a Provider Merger Antitrust Challenge (Part 2)

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This is the second in 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 Early Legal...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Finds that Regulatory Boards Composed of “Active Market Participants” are Subject to Antitrust Laws if Not Actively...

Yesterday, the Supreme Court issued its ruling in North Carolina State Board of Dental Examiners v. FTC, finding that North Carolina’s state board of dental examiners was subject to antitrust scrutiny under the Sherman Act...more

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