The US Department of Justice’s (DOJ) announcement of the formation of a new healthcare task force signals an even stronger emphasis on addressing competition issues in the healthcare industry. Large, multisided platforms...more
UNITED STATES -
Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement -
On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more
10/27/2023
/ Acquisitions ,
Antitrust Division ,
Competition ,
Enforcement ,
EU ,
Federal Trade Commission (FTC) ,
Investigations ,
Merger Agreements ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)
On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on...more
Continuing the recent string of actions across the Biden administration in response to the July 2021 Executive Order on “Promoting Competition in the American Economy,” on March 7, 2022, the US Treasury Department (Treasury)...more
3/16/2022
/ Antitrust Division ,
Arbitration Agreements ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Independent Contractors ,
Memorandum of Understanding ,
Non-Compete Agreements ,
U.S. Treasury
KOREA WEBINAR SERIES 2021 -
In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more
9/9/2021
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Audits ,
Collusion ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Green Deal ,
Korea ,
Mergers ,
Procurement Collusion Strike Force ,
Public Procurement Policies ,
Risk Mitigation ,
Technology Sector ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021.
This...more
5/12/2021
/ Anti-Money Laundering ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Best Practices ,
Biden Administration ,
Buy America ,
Civil Liability ,
Collusion ,
Comment Period ,
Competition ,
Competition Authorities ,
Compliance ,
Cooperation ,
Criminal Liability ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Internal Investigations ,
Japan ,
Mergers ,
Procurement Collusion Strike Force ,
Public Comment ,
Public Procurement Policies ,
Risk Mitigation ,
Section 201 ,
Section 232 ,
Section 301 ,
Section 337 ,
US Trade Policies ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more
5/26/2020
/ Acquisitions ,
Antitrust Provisions ,
Antitrust Violations ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Healthcare ,
Joint Venture ,
Mergers ,
Recruitment Policies ,
Strategic Planning ,
Wage and Hour
As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more
5/19/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health Care Providers ,
Joint Venture ,
Recruitment Policies ,
Strategic Planning ,
Wage and Hour ,
Webinars
Government contractors should be aware that the Department of Justice (DOJ) is taking new steps to scrutinize public procurement. The DOJ Antitrust Division’s creation of the Procurement Collusion Strike Force (PCSF) means...more
11/7/2019
/ Antitrust Division ,
Bid Rigging ,
Cartels ,
Competition ,
Corporate Criminal Fines ,
Criminal Conspiracy ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud and Abuse ,
Guilty Pleas ,
Public Procurement Policies ,
The Clayton Act
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
According to a new report by the Health Care Cost Institute, nearly three-quarters of 112 metropolitan areas across 43 states have “highly concentrated” hospital markets—showing a rise of such areas from 67% in 2012 to 72% in...more
10/28/2019
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Hospital Mergers ,
Hospitals ,
Merger Reviews ,
Physicians ,
Regulatory Oversight ,
State Attorneys General ,
Webinars
Companies involved in the government contracting industry should take note that the government is honing in on anticompetitive conduct affecting government procurements. The federal government has demonstrated an increased...more
6/6/2019
/ Anticompetitive Behavior ,
Antitrust Division ,
Audits ,
Bid Rigging ,
Competition ,
Criminal Prosecution ,
Department of Defense (DOD) ,
Federal Contractors ,
Fraudulent Procurement ,
Guilty Pleas ,
White Collar Crimes
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
A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the...more
5/23/2019
/ Anticompetitive Behavior ,
Antitrust Violations ,
Competition ,
Conspiracies ,
Hospitals ,
Joint Operating Agreement ,
Joint Venture ,
Managed Care Contracts ,
Per Se Rule ,
Single Entity Rule ,
Summary Judgment
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
The Antitrust in Health Care conference took place May 13 to 14, 2014, in Arlington, Virginia, where a number of the speakers were representatives of the Federal Trade Commission (FTC) or the Antitrust Division of the U.S....more
During the last several years, the Federal Trade Commission (FTC) has taken an active role in antitrust enforcement in the health care industry, particularly with respect to hospital and physician group acquisitions. Last...more