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Competition Healthcare

Fennemore

Federal and California’s Shared Interest in Promoting Open Competition: Isn’t it Ironic?

Fennemore on

This article provides a brief history of California’s pro-competition law and describes the stalled federal initiative to extend a similar noncompete ban nationally, notwithstanding the overlapping policy interests expressed...more

Cozen O'Connor

Washington and Colorado Enact Uniform Premerger Notification Laws: What Businesses Need to Know About The New Era in State AG...

Cozen O'Connor on

As of July 27, Washington State is now the first state to enact a uniform antitrust premerger notification law, and as of August 6, 2025, Colorado will be the second. Both new notification laws are similar, as they are...more

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Host Second Session on Structural and Regulatory Impediments to Drug Competition

On July 24, 2025, the Federal Trade Commission (“FTC”) and the U.S. Department of Justice (“DOJ”) convened the second of three public listening sessions aimed at identifying barriers to drug price competition in the U.S....more

Troutman Pepper Locke

Second FTC and DOJ Listening Session Focuses on Formulary and Benefit Practices and Regulatory Abuse in the Pharmaceutical...

Troutman Pepper Locke on

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

A&O Shearman

European Commission fines Alchem in first cartel case involving a pharmaceutical API

A&O Shearman on

On 4 July 2025, the EC fined Alchem and its subsidiary EUR 489,000 for their role in a long-running cartel concerning the active pharmaceutical ingredient SNBB, used in the production of Buscopan and its generics. This marks...more

Mintz - Health Care Viewpoints

California’s Office of Health Care Affordability – First Ever Cost and Market Impact Review and Potential Expansion of Office’s...

Since April 2024, the California Department of Health Care Access and Information (HCAI), Office of Health Care Affordability (OHCA) has received twenty-six Material Change Transaction Notices (Notices) as part of its...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Biosimilars Boom: 2025’s Fast Track Approvals Look to Reshape Healthcare

With healthcare costs rising and biologics driving a large portion of drug spend, the next wave of biosimilar launches promises to reshape the U.S. pharmaceutical market in profound ways, including reduced prices for close...more

Ropes & Gray LLP

California’s Office of Health Care Affordability (“OHCA”) Initiates First Cost and Market Impact Review (“CMIR”)

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On June 6, 2025, the California Office of Health Care Affordability (“OHCA”) issued its first determination to conduct a Cost and Market Impact Review (“CMIR”) under its health care oversight law. This CMIR will involve...more

Troutman Pepper Locke

FTC Holds Its First Listening Session on Practices and Regulations Impacting Pharmaceutical Generic or Biosimilar Competition

Troutman Pepper Locke on

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

Husch Blackwell LLP

California-Based Healthcare Transaction Subjected to OHCA's First Cost and Market Review

Husch Blackwell LLP on

On June 23, 2025, California’s Office of Health Care Affordability (OHCA) issued a determination that a transaction submitted by Covenant Care California, LLC and its subsidiaries under the Material Change Transaction Notice...more

King & Spalding

MultiPlan Algorithmic Pricing Antitrust Claims Survive Motion to Dismiss

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On June 3, 2025, Judge Matthew F. Kennelly of the United States District Court for the Northern District of Illinois denied motions to dismiss antitrust claims in a multidistrict litigation (MDL) against MultiPlan, Inc. and...more

Pillsbury - Bid Protest Debrief

No Harm, No Foul: GAO Reaffirms That Prejudice Is Everything

In Kako’o Spectrum Healthcare Solutions, LLC, B-421127.5, et al., May 28, 2025, Kako’o Spectrum Healthcare Solutions (KSHS) protested the U.S. Marine Corps’ award to Cognito Systems, arguing that Cognito’s proposal exceeded...more

Jones Day

EU Geopolitical Risk Update - Key Policy & Regulatory Developments No. 121

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This regular alert covers key policy and regulatory developments related to EU geopolitical risks, including in particular, economic security, Russia’s war against Ukraine, health threats, and cyber threats. It does not...more

WilmerHale

Healthcare & Antitrust: What to Expect in the New Trump Administration

WilmerHale on

Antitrust scrutiny of healthcare markets is nothing new. The Biden Administration and first Trump Administration focused antitrust enforcement efforts across the healthcare and life sciences industries. The newly installed...more

Dacheng

Regulatory Escalation in Pharma Sector: China Imposes First Executive Sanctions in a Cartel Case

Dacheng on

On May 9, 2025, the Tianjin Municipal Administration for Market Regulation (“Tianjin AMR”) announced administrative penalties against four manufacturers of dexamethasone sodium phosphate (“DSP”) active pharmaceutical...more

Lathrop GPM

DOJ Antitrust Division Secures First Win in Criminal Wage-Fixing Case

Lathrop GPM on

On April 14, 2025, a federal jury in the U.S. District Court for the District of Nevada convicted the operator of a home healthcare staffing agency of a criminal violation of the federal antitrust laws. ...more

Troutman Pepper Locke

Embattled Biotechs Facing Uncertainty at the FDA Look to Collaborative Deal Structures

Troutman Pepper Locke on

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

Epstein Becker & Green

FTC and DOJ Direct Agency Heads to Identify Anticompetitive Regulations for Elimination—Including in Health Care

Epstein Becker & Green on

President Trump’s Executive Order No. 14267, “Reducing Anti-Competitive Regulatory Barriers” (“EO 14267”), requires agency heads to provide by June 18, 2025, a list of anticompetitive regulations to the Federal Trade...more

Troutman Pepper Locke

Illinois and Minnesota AGs Join FTC’s Lawsuit Against Private Equity Firm

Troutman Pepper Locke on

Illinois Attorney General (AG) Kwame Raoul and Minnesota AG Keith Ellison have joined the Federal Trade Commission (FTC) in a lawsuit to block the acquisition of Surmodics Inc. by GTCR BC Holdings LLC, two major manufacturers...more

Mintz - Health Care Viewpoints

Arkansas Law Takes Unprecedented Step to Prohibit PBM Ownership of Pharmacies

On April 16, 2025, Arkansas Governor Sarah Huckabee Sanders signed into law House Bill 1150, now Act 624 (the Act), making Arkansas the first state in the nation to prohibit pharmacy benefit managers (PBMs) from acquiring or...more

Kerr Russell

Yes, Dentists Are Subject to Antitrust Law

Kerr Russell on

The U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) historically have been active in the health care industry, with many prosecutions of physicians and dentists for antitrust violations. These...more

King & Spalding

Antitrust Concerns with Network Rental Agreements

King & Spalding on

How a common practice for healthcare payers can turn from negotiation tactic to anticompetitive collusion - What is a network rental agreement? Network rental agreements, also known as “network leasing” or “network...more

Sheppard Mullin Richter & Hampton LLP

Red Tape Rollback: DOJ’s Anticompetitive Regulations Task Force

As we predicted before the inauguration, Trump 2.0 antitrust enforcers have shown continued support for the pro-worker, anti-tech antitrust agenda that has permeated recent antitrust enforcement through the last two...more

Vinson & Elkins LLP

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

Vinson & Elkins LLP on

On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more

King & Spalding

Executive Order Continues Focuses on Anticompetitive Regulations

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On April 9, 2025, President Trump issued an executive order, titled “Reducing Anti-Competitive Regulatory Barriers” (the EO), directing federal agencies to identify and rescind or modify anticompetitive regulations. The EO...more

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