Newsletters

09.18.17

Boycott Claims Dismissed for Applying Per Se Standard

In 2012, MCEP, a 26-bed adult acute care hospital, sued Premier, a not-for-profit corporation formed by a Joint Operating Agreement among Atrium Health System, Catholic Health Initiatives, MedAmerica Health Systems Corporation, Samaritan Health Partners and UVMC. MCEP alleged that the defendants ...


08.23.17

By Antitrust Standards, When Is a Firm Really Failing?

The “failing firm” defense as a justification for permitting a merger that may otherwise lessen competition gets considerable play in healthcare transactions.


07.24.17

The FTC Continues to Challenge Healthcare Mergers

Confirming that hospital merger enforcement continues to be a priority under the new administration, the Federal Trade Commission (FTC) and the North Dakota Attorney General recently challenged Sanford Health’s proposed acquisition of Mid Dakota Clinic.


06.22.17

Suit Over Hospitals’ Alleged Anticompetitive Marketing Sent to Trial

Conspiracies between competitors can be hard to prove, even when other parties to the alleged conspiracy have settled.


05.24.17

Insurer Merger Saga Ends Without Guidance on Efficiency Claims

Prior to calling off its nearly two-year fight to acquire competing insurer Cigna last week, Anthem urged the Supreme Court of the United States to hear its appeal from the lower courts’ rejections of its claims of significant efficiencies from the deal.


04.25.17

The DOJ's Case Against North Carolina Anti-Steering Agreements Permitted to Proceed

The Department of Justice's (DOJ) case against Carolinas Healthcare System's (CHS) anti-steering contract clauses has survived initial attempts by CHS to dismiss the case.


03.23.17

Repeal of Antitrust Immunity for Insurers: What Does It Mean?

Insurers are among a handful of industries, including Major League Baseball, that have a special exemption from the federal antitrust laws, the so-called "McCarran-Ferguson" antitrust exemption.


02.22.17

DOJ Successfully Blocks Insurance Mergers: What Are the Takeaways?

In July 2016, following a lengthy review, the Antitrust Division of the Department of Justice (DOJ), together with several states, sued to block two proposed health insurer mergers: Aetna/Humana and Anthem/Cigna.


01.23.17

Top Five Healthcare Antitrust Trends to Watch in 2017

Antitrust enforcement and litigation had a big year in 2016. In this article, we look back at the most significant cases for the healthcare industry over the last year to identify key trends to watch for in 2017.


12.19.16

Telehealth for Healthy Competition

As providers look for more convenient and cost-effective means to reach patients, there has been much discussion about the potential benefits of telehealth services. Such services also are healthy from an antitrust perspective. Against a backdrop of regular advocacy in favor of lowering barriers to ...