Farrah Short

Farrah Short

Mintz Levin

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FTC Settles Monopolization Charges Stemming from Contract Exclusivity Terms Used by First-to-Market Medical Polymer Maker

The mere possession of monopoly power does not violate federal antitrust laws. The laws only address the anticompetitive acquisition, maintenance, or abuse of that power. The Federal Trade Commission (“FTC”) entered into a...more

4/29/2016 - Abuse of Power Anticompetitive Agreements Competition Consent Order FTC FTC Act Medical Devices Monopolization Product Exclusivity Section 5

Hospitals Settle DOJ Suit Alleging Illegal Division of Marketing Territories

Two West Virginia hospital systems settled a lawsuit filed yesterday by the Department of Justice (“DOJ” or “Department”) alleging that they agreed to allocate territories for marketing health care services in violation of...more

4/18/2016 - DOJ Hospitals Marketing Sherman Act

LSU Hospital Operator May Proceed with Antitrust Suit Against Competing Health System

The antitrust suit against Willis Knighton Medical Center will continue following the denial of its motion to dismiss. BRFHH Shreveport v. Willis Knighton Med. Ctr., case number 5:15-cv-02057 (W.D. La. Mar. 31, 2016). The...more

4/11/2016 - Antitrust Litigation Hospitals Joint Venture Motion to Dismiss Sherman Act Twombly/Iqbal Pleading Standard

Court Denies Class Cert. in NCAA Antitrust Suit

The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association’s former ban on multiyear scholarships (the “One Year Rule”) and its cap on scholarships (the “GIA...more

4/4/2016 - Antitrust Litigation Ascertainable Class Athletes Class Certification Class Representatives Injunctive Relief NCAA Scholarships Standing

Sixth Circuit Finds Possibility of Conspiracy Among Hospital Network Members

The Sixth Circuit on Tuesday voted 2 to 1 to reverse a district court’s grant of summary judgment under which a defendant hospital network had been found to be a single entity incapable of conspiring with itself in an...more

3/26/2016 - Anticompetitive Behavior Conspiracies Hospitals Joint Operating Agreement Monopolization Reversal Sherman Act Single Entity Rule

New Class Action Filed Challenging NCAA’S Scholarship Caps and Transfer Rules

In the latest chapter in the litigation wars against college athletics, on March 8, 2016, another antitrust class action was filed against the NCAA in its “home court,” the United States Southern District of Indiana. This...more

3/10/2016 - Antitrust Violations Class Action College Athletes Football NCAA Scholarships Transfer Restrictions

FTC Again Urges Consideration of Competitive Impact on State Regulation of APRNs

The Federal Trade Commission (FTC) submitted written comments last week on the likely competitive impact of a legislative proposal in West Virginia to modify the supervision requirements imposed on Advanced Practice...more

2/18/2016 - APRNs Competition FTC Health Care Providers Patient Safety Prescribing Authority Supervision

Rodeo Associations Fail to Wrangle Each Other in First Round of Antitrust Class Action: District Court Denies Plaintiffs’...

An upstart rodeo association, created and owned by professional rodeo cowboys, challenged that its competitor’s bylaws aimed at the new association and its participants constituted agreements that unreasonably restrain trade...more

2/9/2016 - Antitrust Litigation Bylaws Class Action Monopolization Motion to Dismiss Preliminary Injunctions Sherman Act

FTC Increases HSR Jurisdictional Thresholds

The Federal Trade Commission (FTC) announced on January 21, 2016 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act)....more

1/25/2016 - Federal Register Filing Fees FTC Hart-Scott-Rodino Act Jurisdiction Premerger Notifications Statutory Waiting Period

Antitrust Suit Continues to Stymie New Texas Telemedicine Regulation

A federal district court denied the Texas Medical Board’s (the Board) motion to dismiss an antitrust suit filed by a telemedicine company (Teladoc), finding that the Board is not entitled to state action immunity because its...more

12/18/2015 - Commerce Clause NC Board of Dental Examiners v FTC SCOTUS Sherman Act State Action Immunity State Medical Board Telehealth Telemedicine

FTC Alleges “Three-to-Two” Hospital Merger Will Reduce Competition

Last week the Federal Trade Commission (FTC) authorized an action to block a proposed hospital merger pending an administrative trial. According to the FTC, the merger of Penn State Hershey Medical Center (Hershey) and...more

12/17/2015 - Anticompetitive Agreements Competition Evidentiary Hearings FTC Hospital Mergers

FTC Challenges Hospital Merger Despite Conduct Remedy Accepted by State AG

Last week the Federal Trade Commission (“FTC” or “Commission”) issued an administrative complaint challenging the merger of two West Virginia hospitals that had earlier been cleared by the state’s Attorney General (“W.V. AG”)...more

11/10/2015 - Attorney Generals Certificate of Need FTC Hospitals Merger Agreements

FTC Submits Public Comments to States Considering Regulations of Cooperative Agreements Between Hospitals

The Federal Trade Commission (FTC) recently submitted comments to Virginia and Tennessee regarding proposed laws in each state relating to Cooperative Agreements between hospitals and the granting of Certificates of Public...more

10/20/2015 - Competition Cooperative Agreements FTC Health Care Providers Healthcare Hospitals Immunity Proposed Legislation

FTC Merger Challenge Based on Harm to Potential Competition Rejected by District Court

In what has become rare of late, the Federal Trade Commission (“FTC”) suffered a litigation loss in a merger case with a district court’s denial of a preliminary injunction to block the deal pending administrative litigation....more

9/28/2015 - Competition FTC Injunctive Relief Preliminary Injunctions The Clayton Act

Kissing Camels Antitrust Suit Against Health System Moves Past Another Hump in the Road

In June, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against a health system, health insurers, and a trade association survived a motion to dismiss. Last week, the ASCs’ case cleared the hump of...more

9/3/2015 - Ambulatory Surgery Centers Anti-Competitive Antitrust Conspiracies False Statements Insurance Industry Joint Venture Leave to Amend Monopolization Motion for Summary Judgment Sherman Act Trade Associations

Investment Fund Violates “Investment-Only” HSR Exemption

At the request of the Federal Trade Commission (“FTC” or “Commission”), the Department of Justice (“DOJ”) filed this week in federal court a proposed settlement to charges that an investment fund violated the...more

8/27/2015 - Board of Directors DOJ Enforcement Actions FTC Hart-Scott-Rodino Act Injunctive Relief Premerger Notifications Settlement Agreements Shareholders Third Point Yahoo!

Another FTC Conduct Case to Bolster Generic Drug Competition: Pharmaceuticals Charged with Illegal Non-Compete for Generic ADHD...

The Federal Trade Commission’s (“FTC” or “Commission”) ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction. This week, two generic pharmaceutical...more

8/21/2015 - Consent Order Enforcement Actions FTC Generic Drugs Non-Compete Agreements Pharmaceutical Industry

Divestiture Offer Fails to Save Merger Where FTC Wins on Market Definition Based on Customer Type

Eighteen months after the deal was first announced, Sysco Corporation (“Sysco”) and US Foods, Inc. (“USF”) abandoned their $3.5 billion merger following the Federal Trade Commission’s (the “FTC” or “Commission”) decisive...more

7/8/2015 - Corporate Counsel Distributors Divestiture Food Supply FTC Mergers Preliminary Injunctions Sysco Trucking Industry US Foods Young Lawyers

Camels and Dogs, Oh My! Defendant Documents Doom Health Provider Trade Association and Insurers’ Motion to Dismiss Antitrust Suit

Over two and one-half years after it was initially filed, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against health insurers and a trade association of competing health systems is finally...more

6/23/2015 - Anti-Competitive Health Care Providers Health Insurance Insurance Industry Restraint of Trade Sherman Act

Harm to Potential Competition Triggers FTC Merger Challenge

The Federal Trade Commission (“FTC” or “Commission”) filed an administrative complaint last week challenging the proposed $1.9 billion merger of Steris Corporation (“Steris”) and Synergy Health plc (“Synergy”), charging that...more

6/5/2015 - Corporate Counsel FTC Hart-Scott-Rodino Act Health Care Providers Horizontal Mergers Inversion Medical Devices Mergers

A Split FTC Accepts Fix-It-First Divestiture Remedy for Cigarette Merger

The Federal Trade Commission (“FTC”) accepted on Tuesday from Reynolds American Inc. (“Reynolds”) and Lorillard Inc. (“Lorillard”), subject to final approval, a Consent Order settling the agency’s significant competitive...more

5/30/2015 - Acquisitions Antitrust Division Antitrust Investigations Consent Order Divestiture FTC FTCA Mergers RJ Reynolds Settlement Offer The Clayton Act Tobacco

Hospital Wins First Round Against Largest Rival in Antitrust Suit Alleging Illegal Exclusive Dealing Agreements with Insurers

The waves of change affecting health care providers include reimbursement and funding developments, the impact of the Affordable Care Act, technological and medical advances, provider network design transformations imposed by...more

3/31/2015 - Affordable Care Act Antitrust Litigation Antitrust Provisions Exclusive Dealing Agreements FTC Health Care Providers Health Insurance Healthcare Hospitals

Health Care Competition Follow-up Exam: Highlights from the Second FTC/DOJ “Examining Health Care Competition” Workshop

Last week, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) co-hosted the second installment of their public workshop series, “Examining Health Care Competition.” Complementing last year’s focus on...more

3/3/2015 - Antitrust Provisions Competition DOJ FTC Health Care Providers Healthcare Hospitals Professional Conferences

Ninth Circuit Affirms FTC’s Challenge to Hospital-Physician Group Merger, While Rejecting Efficiencies and Health Care Quality...

In a much anticipated appellate health care antitrust decision, the United States Court of Appeals for the Ninth Circuit upheld a district court’s finding that a consummated hospital-physician group merger violated Section 7...more

2/12/2015 - Antitrust Litigation FTC Healthcare Hospital Mergers Hospitals Physicians St. Luke's The Clayton Act

Groundhog’s Day for Employers: The Same Mistakes Over and Over and Over…

I still consider Groundhog’s Day not only a great comedy, but also a great movie. Twenty-two years ago, the late Harold Ramis graced us with a tale about Phil Connors, a Pittsburgh TV weatherman, who finds himself repeating...more

2/12/2015 - Employer Liability Issues Exempt-Employees Unpaid Overtime Wage and Hour

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