Mitchell Raup

Mitchell Raup

Polsinelli

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Health Care and Legal Services Providers Challenge State Regulatory Boards on Heels of SCOTUS State Action Antitrust Immunity...

On February 25, 2015, the U.S. Supreme Court narrowed the scope of antitrust immunity for state regulatory boards whose members are active market participants in the occupation regulated by the boards. In North Carolina State...more

6/24/2015 - Dental Practice FTC Healthcare LegalZoom NC Board of Dental Examiners v FTC Pain Management Regulatory Standards SCOTUS Sherman Act State Medical Board Telemedicine

Can Mergers Between Healthcare Providers in Different Markets Raise Antitrust Concerns? "Yes," Say Top Enforcers at FTC and DOJ

In reviewing mergers of healthcare providers, government antitrust enforcers have historically focused on horizontal mergers between competing providers—in particular, those that result in high market shares in a specific...more

3/18/2015 - Antitrust Division Antitrust Provisions DOJ FTC Healthcare Healthcare Providers Hospital Mergers Hospitals Physicians Popular St. Luke's

Lessons from the U.S. v. American Express Trial

On February 18, 2015, American Express lost its court battle with the Department of Justice's Antitrust Division over the card's Non-Discrimination Provisions ("NDPs"), which prohibited merchants from steering customers to...more

3/12/2015 - American Express Antitrust Litigation DOJ Restraint of Trade Sherman Act Vertical Restraints

Commonly Held Beliefs About Antitrust in America Are False

On February 18, 2015, American Express lost its court battle with the Department of Justice's Antitrust Division over the card's Non-Discrimination Provisions ("NDPs"), which prohibited merchants from steering customers to...more

3/11/2015 - American Express Antitrust Provisions Banking Sector Credit Cards DOJ Restraint of Trade Vertical Restraints

St. Luke's Health: Does Improving Patient Care Justify a Merger Under Antitrust Law? Ninth Circuit Says "No" and Orders...

Healthcare providers frequently consolidate to cut costs and improve patient care. These benefits can result from sharing administrative costs such as billing and electronic recordkeeping, eliminating excess capacity, better...more

2/23/2015 - Antitrust Provisions Divestiture FTC Hospital Mergers Hospitals Popular St. Luke's The Clayton Act

The New Hart-Scott-Rodino Magic Number is $76.3 Million

The Hart-Scott-Rodino Act ("HSR") requires that transactions over a certain value be reported to the Federal Trade Commission (FTC) and U.S. Department of Justice Antitrust Division at least 30 days prior to closing. That...more

2/10/2015 - Filing Fees FTC Hart-Scott-Rodino Act Jurisdiction Premerger Notifications The Clayton Act Threshhold Requirements

Conspiracy? Ohio Federal Court Says No; Holds That Health System Joint Venture Is a Single Entity Incapable of Conspiring in...

When competing health care providers affiliate by contract, rather than by merger or acquisition, they often face the challenge of structuring their joint activities to avoid liability under § 1 of the Sherman Act, which...more

12/15/2014 - Health Care Providers Healthcare Joint Venture Liability Sherman Act

Federal Trade Commission And Competitors Successfully Challenge Hospital’s Acquisition Of Physician Practice

In This Issue: - What Providers Should Know - Background - Ruling - Excerpt from What Providers Should Know: A federal judge recently ordered a hospital system to unwind its year-old acquisition...more

3/24/2014 - Hart-Scott-Rodino Act Healthcare Hospitals

Clinical Integration On A Promise And A Plan Federal Trade Commission Declines To Challenge Norman PHO On Antitrust Grounds

In This Issue: - Norman PHO - Key Conclusions - Implications for Established and Newly Forming Networks - Excerpt from Norman PHO: The Norman PHO is comprised of a single hospital system and...more

3/14/2013 - Clinical Integration Competition FTC Hospitals Norman PHO

Merger-To-Monopoly Held Not Protected By State-Action Immunity

The U.S. Supreme Court on February 19th scaled back the "state action immunity" doctrine, siding with the Federal Trade Commission on an issue that had divided the lower courts and holding that a county Hospital Authority's...more

2/27/2013 - Acquisitions FTC FTC v. Phoebe Putney Health System Government Entities Governmental Immunity Governmental Liability Hospital Mergers Hospitals Monopolization SCOTUS State Action Doctrine

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