David R. Garcia

David R. Garcia

Sheppard Mullin Richter & Hampton LLP

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State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State...

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

5/21/2015 - Antitrust Provisions Department of Health FTC Health Care Providers Healthcare Immunity State Action Immunity

State Oversight of Anticompetitive Activity in Healthcare: Is a New Wave Ahead?

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

4/29/2015 - Anti-Competitive Attorney Generals FTC Health Care Providers Healthcare Hospital Mergers Legislative Agendas

Eleventh Circuit Affirms FTC Finding that Rebate Program Served to Unlawfully Maintain Monopoly Power

The Eleventh Circuit recently affirmed a Federal Trade Commission finding that a manufacturer’s rebate program requiring exclusivity from its distributors was an unlawful maintenance of monopoly power under Section 5 of the...more

4/23/2015 - Distributors FTC Manufacturers Monopolization Rebates

In Highly-Anticipated Decision, Ninth Circuit Affirms That Hospital-Physician Group Merger in St. Luke’s Violated Section 7 And...

On February 10, 2015, the Ninth Circuit issued its highly-anticipated decision at the intersection of health care and antitrust, affirming the lower court’s finding that a hospital-physician group merger completed nearly...more

2/20/2015 - Antitrust Provisions Appeals Divestiture FTC Healthcare Hospital Mergers Hospitals Physicians St. Luke's The Clayton Act

CMS’ Proposed Regulations Include Significant Antitrust Implications For Entities Interested In Forming ACOs

The Centers for Medicare & Medicaid Services (CMS) released proposed regulations to clarify and build on current regulatory requirements for Accountable Care Organizations (ACOs) that participate in the Medicare Shared...more

1/7/2015 - ACOs Antitrust Provisions CMS Hart-Scott-Rodino Act Medicare Shared Savings Program Proposed Regulation The Clayton Act

Supplier Beware of California’s Equipment Dealers Act Before Deciding on Termination of Dealers

Modern antitrust law has made it increasingly difficult for unilateral terminations of vertical relationships between suppliers and distributors or dealers to be attacked through the use of federal and state antitrust...more

12/8/2014 - Antitrust Provisions Distributors Heavy Equipment Sherman Act Suppliers

Supplier Beware Before Terminating Dealers: California’s Equipment Dealers Act

Developments in modern antitrust law have made it increasingly difficult for termination of vertical relationships between a supplier and a dealer to be actionable under the antitrust laws, particularly under a per se theory...more

11/19/2014 - Antitrust Provisions Dealers Heavy Equipment Suppliers Supply Agreements

District Court Weighs in on Level of Integration Required to Shield Health Care Collaborations from Section 1 Scrutiny

In Medical Center at Elizabeth Place v. Premier Health Partners et. al, Case No. 12-cv-26 (S.D. Oh. Oct. 20, 2014), the Southern District of Ohio held that previously-competing health care systems who join together in a...more

11/17/2014 - Clinical Integration Hospitals Joint Operating Agreement Operating Agreements Revenue Sharing Sherman Act

Dang v. San Francisco Forty Niners - Consumers can challenge Reebok's exclusive NFL apparel deal based just on a market of...

On August 2, 2013, District Judge Edward J. Davila denied a motion to dismiss antitrust claims brought by consumers of NFL apparel against Reebok and the NFL in Dang v. San Francisco Forty Niners, Case No. 5:12-CV-5481 (N.D....more

8/9/2013 - Cartwright Act Class Action Fashion Industry Licensing Rules Logos NFL Reebok Sherman Act Standing Trademarks

American Express Co. v. Italian Colors Restaurant: A class action waiver in an arbitration agreement will be strictly enforced...

The Supreme Court on June 20 continued its recent trend of strictly enforcing the terms of arbitration agreements, holding that a contractual waiver of class arbitration is enforceable under the Federal Arbitration Act (FAA)...more

6/27/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Challenge To Alleged Restraints On Baseball And Hockey Programming Survive Motion To Dismiss And Advance To The Next Round Of...

Have you ever been away from home when your favorite baseball or hockey team is playing an important game? Ever wished you could watch that game, and just that game, live while you are on the road? If plaintiffs in Laumann v....more

12/19/2012 - Comcast DirectTV NHL Sherman Act

Supreme Court Will Now Hear Two Appeals Concerning Class Arbitration

On Friday, December 7, 2012, the Supreme Court granted certiorari in Oxford Health Plans LLC v. John Ivan Sutter MD, No. 12-135 to address whether the parties to an arbitration agreement authorize class arbitration when the...more

12/14/2012 - Appeals Arbitration Agreements Class Action Arbitration Waivers Federal Arbitration Act Preemption

Supreme Court to Address Enforceability of Arbitration Agreements and Class Action Waivers Yet Again

On Friday, November 9, 2012, the Supreme Court granted certiorari in American Express Company vs. Italian Colors Restaurant, No. 12-133 to address the following question: “Whether the Federal Arbitration Act permits courts,...more


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