For Lawyers | Log In | Join | Upload
WORKING... advanced
Lee Simowitz

Lee Simowitz

BakerHostetler


Latest Publications

Share:

NC Governor Signs Law Banning Most Favored Nations Provisions in Health Care Contracts

Despite opposition and Blue Cross Blue Shield of North Carolina’s claim that it “has not used ‘most favored nation’ clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on...more

5/14/2013 - Contract Drafting Healthcare Most-Favored Nations

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

In North Carolina, Will There Be “Freedom to Negotiate Health Care Rates”?

Despite opposition and the claim from BlueCross BlueShield of North Carolina that it “has not used ’most favored nation’ clauses in [its] new contracts and in fact [they are] not part of our strategy to use those clauses on...more

5/9/2013 - Contract Drafting Healthcare Most-Favored Nations

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

Most Favored Nation Clauses - State Ban Ends Antitrust Action Against Michigan Blues

In the wake of the passage of a Michigan statute and regulatory order banning the use of most favored nation (MFN) clauses by insurers, health maintenance organizations and nonprofit healthcare corporations in contracts with...more

4/8/2013 - DOJ Healthcare Insurers Most-Favored Nations

Do Not Pass Go, Do Not Collect $200: Michigan Statute and Regulatory Order Banning MFN Provisions in Provider Contracts Ends...

In the wake of the passage of a Michigan statute and regulatory order banning the use of most favored nation (“MFN”) clauses by insurers, health maintenance organizations, and nonprofit health care corporations in contracts...more

3/27/2013 - Competition DOJ Health Insurance Insurers Most-Favored Nations

“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

Burn Before Reading: Hot Documents and Antitrust Claims

Antitrust law and economics seem like dark arts to outsiders, an impression that antitrust lawyers are none too eager to dispel....more

1/23/2013 - Acquisitions Bazaarvoice Inc Mergers Monopolization PowerReviews Inc Price-Fixing

Lonely Conspirators: Antitrust Liability When Nobody Joins Your Conspiracy

The worst antitrust offenses involve conspiracies involving multiple actors. Hard-core offenses under Section 1 of the Sherman Act, such as price-fixing, market division, customer allocation, or bid-rigging, require...more

12/13/2012 - American Airlines Anticompetitive Agreements DOJ FTC Price-Fixing Sherman Act

×

Expand Your Reach

JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...

Learn More  or  Schedule a demo