The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient....more
Two recent US antitrust class action settlements drew additional scrutiny from federal judges, showing that the allocation of settlement funds between a proposed class and their attorneys will be carefully reviewed for...more
California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (Sutter), the largest hospital system in Northern...more
1/16/2020
/ Abuse of Dominance ,
Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Cartwright Act ,
Case Consolidation ,
Civil Monetary Penalty ,
Class Action ,
Disgorgement ,
Employer Group Health Plans ,
Final Judgment ,
Health Care Providers ,
Hospitals ,
Monopolization ,
Private Right of Action ,
Qualified Health Plans ,
Settlement Agreements ,
State Attorneys General ,
Sutter Health ,
United Food and Commercial Workers Union
Family-owned wholesalers brought a Robinson-Patman claim against the maker of 5-hour Energy alleging discounts given to Costco amounted to illegal price discrimination. A jury in California rejected the claim after a...more
2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable...more
6/5/2019
/ Antitrust Litigation ,
Competition ,
Cooperation Agreement ,
Department of Justice (DOJ) ,
Government Agencies ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Hospitals ,
Monopolization ,
Physicians ,
Price-Fixing
The Attorney General of the State of Washington (the State) scored another victory last week in its federal antitrust challenge to Franciscan Health System’s (Franciscan) affiliations with two competing physician practices,...more
In a 6–3 decision issued February 25, 2015, the Supreme Court of the United States held in North Carolina State Board of Dental Examiners v. Federal Trade Commission that if active market participants control an entity—even a...more
3/3/2015
/ Antitrust Litigation ,
Dentists ,
Federal Trade Commission (FTC) ,
Immunity ,
Licensing Rules ,
Market Participants ,
NC Board of Dental Examiners v FTC ,
Restraint of Trade ,
SCOTUS ,
State Action Immunity ,
State Agencies
The U.S. Federal Trade Commission (FTC) and Phoebe Putney Health System settled the FTC’s complaint that the health system’s merger with Palmyra Park Hospital violated the antitrust laws. Unique state statutes and...more