Newsletters

08.24.16

Lovenox Case Muddies Waters on Loyalty Discount Programs

Pharmaceutical manufacturers utilize a variety of sales and marketing techniques to maximize sales of their products. 


07.27.16

Steering and Its Broad Implications for Payer-Hospital Negotiations

Last month, the U.S. Department of Justice's Antitrust Division (DOJ) and the North Carolina Attorney General sued Carolinas HealthCare System (CHS) in North Carolina District Court alleging that CHS exercised its dominant market power to prevent insurers from steering patients to its ...


06.23.16

Hospital Mergers: Is the FTC’s Winning Streak Over?

Following a winning streak dating back to its 2007 win in Evanston,1 the Federal Trade Commission (FTC) has suffered two losses over the last month in two of its three pending hospital merger challenges.


05.24.16

FTC Maintains Aggressive Stance Against Pay-for-Delay Deals

A recent complaint filed by the Federal Trade Commission (FTC) indicates that the agency is continuing its aggressive pursuit of agreements between drug manufacturers that delay the entry of generic pharmaceuticals into the market.


04.26.16

Conspiracy Within a Hospital Network: Federal Appeals Court Decision Amplifies Risks for Healthcare

A recent decision of the United States Court of Appeals for the Sixth Circuit signals that hospitals collaborating under joint operating agreements may face increased exposure to antitrust challenges.


03.23.16

State Bill Seeks to Shield Hospital Mergers From Antitrust Challenge

On March 12, the West Virginia legislature passed a bill that would exempt state healthcare providers from federal antitrust scrutiny when acting under the jurisdiction of the West Virginia Health Care Authority (Authority).


02.25.16

Federal Court Upholds Virginia's Certificate of Public Need Laws

On January 21, 2016, in Colon Health Centers of America, LLC v. Hazel1 (Colon Health), the U.S. Court of Appeals for the Fourth Circuit upheld the constitutionality of Virginia's certificate of public need (COPN) program, which requires healthcare providers to obtain permission from the state ...


01.21.16

The Teladoc Case: Court Ruling Confirms Antitrust Vulnerabilities for State Licensing Boards

On December 14, 2015, the United States District Court for the Western District of Texas refused to dismiss antitrust claims filed by a telemedicine provider against the state's medical board, alleging that certain board regulations were anticompetitive and imposed to protect state-licensed ...


12.18.15

Solomon Center Inaugural Conference Explores Implications of Healthcare Consolidation Under the ACA

On November 13, the Solomon Center for Health Law and Policy at Yale Law School held its inaugural conference, "The New Healthcare Industry: Integration, Consolidation, Competition in the Wake of the Affordable Care Act."


11.20.15

FTC Issues Guidance on Active Supervision of State Regulatory Boards Amid New Litigation Activity

On October 13, 2015, the Federal Trade Commission (FTC) released guidance regarding the level of state supervision required for state regulatory boards to receive immunity from antitrust claims.