Jonathan Lewis on FTC

Supreme Court Rules That “Pay for Delay” Generic Drug Patent Settlements Are Not Shielded From Antitrust Liability

The Supreme Court has held that the antitrust laws may forbid patent settlements that delay the market entry of generic drugs in return for large payments from manufacturers of competing branded drugs....more

6/18/2013 - FTC Generic Drugs Hatch-Waxman Manufacturers Patents Pay-For-Delay Prescription Drugs Reverse Payment Settlement Agreements SCOTUS Settlement

FTC: Dentists Not Shielded From Teeth-Whitening Competition

In a ruling that may impact how professionals attempt to limit competition from alternative providers, the North Carolina State Board of Dental Examiners (Board) failed to convince the U.S. Court of Appeals for the Fourth...more

6/17/2013 - Competition Dentists FTC Sherman Act State Action Doctrine

Antitrust Law Encourages Accountable Care Organizations (“ACOs”) Formation

Once again, the staff of the Federal Trade Commission (“FTC”) has rebutted claims by physician groups that state legislation is needed to allow independent physicians to collaborate....more

6/12/2013 - ACOs Affordable Care Act CMS Competition FTC Medicare Physicians

NC Dentists Can’t Stop Competition from Other Providers of Teeth-Whitening Services

The North Carolina State Board of Dental Examiners (“Board”) failed to convince the United States Court of Appeals for the Fourth Circuit that the Board’s successful effort to “expel non-dentist providers from the North...more

6/5/2013 - Anti-Competitive Antitrust Investigations Competition Dentists FTC State Action Doctrine

The FTC Weighs in on Recent State Efforts to Promote/Hinder Healthcare Competition From APRNS

In recent years, the Federal Trade Commission (FTC) frequently has commented on state efforts to either expand or restrict competition faced by doctors from advanced practice registered nurses (APRNs). Generally speaking,...more

5/10/2013 - Competition FTC Healthcare Nurses

Promoting Healthcare Competition – The FTC’s Recent Comments on State Legislative/Regulatory Efforts Impacting Competition from...

In recent years, the Federal Trade Commission (“FTC”) has frequently commented on state efforts to either expand, or restrict competition faced by doctors from advanced practice registered nurses (“APRNs”). Generally...more

5/1/2013 - Competition FTC Healthcare Nurses

Is It Ever Okay to Exchange Competitively Sensitive, Nonpublic Information with a Competitor?

Rarely, according to a recent Federal Trade Commission (“FTC”) enforcement action against two nationally known hair restoration businesses — Bosley and Hair Club. However, before you start chatting up your competitor for...more

4/19/2013 - FTC Information Sharing Material Nonpublic Information Proposed Regulation

“Wide-Ranging Investigation” Leads FTC and Idaho AG to Join Ongoing Antitrust Lawsuit Challenging Acquisition of Idaho’s Largest...

After dodging an attempt by two of its competitors to stop the closing of its acquisition of Saltzer Medical Group (“Saltzer”)—a for-profit, physician-owned, multi-specialty group comprising approximately 44 physicians...more

3/19/2013 - Attorney Generals Competition FTC Healthcare Physicians

Oklahoma, OK and Not OK: The Right and Wrong Paths to Provider Joint Contracting

In the view of the FTC and the Justice Department, competing health care providers can contract jointly with third-party payers only if the providers integrate clinically (or financially) so that gains in efficiency and...more

2/28/2013 - FTC Joint Contracting Joint Purchasing Programs Physicians Quality of Care Standards

Supreme Court Holds Antitrust Law Applies to State Hospital Authority Transaction

In one of the most closely watched healthcare antitrust cases in years, the Supreme Court issued its decision in the FTC merger challenge to a Georgia hospital merger, Phoebe Putney Health System’s acquisition of Palmyra...more

2/21/2013 - Acquisitions Anti-Competitive FTC FTC v. Phoebe Putney Health System Hospital Authorities Law Hospitals Monopolization SCOTUS State Action Doctrine

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Jonathan Lewis

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