Antitrust & Trade Regulation Civil Remedies Health

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Lawsuit Based on Kickback, Stark Law Violations Sustained; Civil Suit Offers Additional Option to Counter Competitor's Illegal...

Hospitals, laboratories, and other health care providers that rely on referrals from other health professionals may encounter situations where competitors have entered into arrangements with physicians or other referral...more

UK Competition Commission Provisionally Finds Anti-Competitive Features in Privately-Funded Health Care

The UK Competition Commission (the CC) has provisionally found that there are anti-competitive features in the supply or acquisition of privately-funded health care services, which give rise to adverse effects on competition....more

FTC and Pennsylvania Attorney General Seek to Block Reading Health System’s Proposed Acquisition of Surgical Institute of Reading

On November 16, 2012, the Federal Trade Commission (FTC) announced that the FTC and Pennsylvania Attorney General (AG) will jointly file a complaint in U.S. District Court for the Eastern District of Pennsylvania next week...more

Certification Denied In Challenge Of Hospital Liens Under FDUTPA

In Baptist Hospital, Inc. v. Baker, No. 11-5236, 2012 WL 1150211 (Fla. 1st DCA Apr. 9, 2012), the First District Court of Appeal reversed the trial court’s decision to certify a class of individuals challenging liens imposed...more

Health Law Alert: SPECIAL FOCUS: ANTITRUST: Recent Enforcement Actions: Hospital Mergers

Rockford Hospitals Abandon Merger After Preliminary Injunction Order The proposed acquisition by OSF Healthcare System (OSF) of Rockford Health System (Rockford) is abandoned after the United States District Court for...more

Recent Lawsuits Allege Anticompetitive Market Allocation Conspiracy by Blue Cross and Blue Shield

Two recent lawsuits allege that Blue Cross and Blue Shield entities in North Carolina and Alabama have violated federal and state antitrust laws by engaging in concerted action with other Blue Cross Blue Shield (BCBS) plans...more

FTC Wins Preliminary Injunction, Stopping Second Hospital Merger in a Week

In a second hospital merger victory in a week for the Bureau of Competition at the Federal Trade Commission (FTC), Federal District Court Judge Kapala in the Northern District of Illinois granted the FTC’s motion for a...more

FTC Granted Preliminary Injunction Against OSF Healthcare System/Rockford Health System

The U.S. District Court for the Northern District of Illinois granted the request for a preliminary injunction by the Federal Trade Commission (FTC), pending a full administrative trial before an FTC Administrative Law Judge...more

Rockford Returns — Part II: Court Grants FTC’s Preliminary Injunction Against Hospital Merger to Preserve Status Quo for...

In 1989, the Antitrust Division of the United States Department of Justice (DOJ) successfully challenged a proposed merger between Rockford Health System (Rockford) and SwedishAmerican Health System (SwedishAmerican), two of...more

Applying Section 1 To Hospital Peer Review Decisions

Originally Published in Competition Law360. Decisions to grant or terminate a doctor’s privileges to practice medicine at a particular hospital are often made through a peer review process by a hospital and its staff...more

Trade Remedies Are Being Used to Combat Imports of Infringing Medical Devices

Medical device cases are being filed with increasing frequency at the U.S. International Trade Commission (ITC) to combat infringing imports. In particular, owners of intellectual property rights on medical devices regularly...more

FTC Granted Preliminary Injunction Against ProMedica/St. Luke’s

The U.S. District Court for the Northern District of Ohio granted the request for a preliminary injunction by the Federal Trade Commission (FTC), pending a full administrative trial on the merits of ProMedica Health System...more

Drug Maker Mylan Agrees to Settle Medicaid Case for $65 Million

The drug maker Mylan Inc. has agreed to settle a lawsuit brought against it by both the U.S. government and the State of Texas. The suit alleges that Mylan artificially inflated prescription drug prices, causing Medicaid to...more

Maryland Hospital Pays Feds in Cardiac Malpractice Scandal

St. Joseph Medical Center in Towson, Maryland will pay $22 million to the federal government to settle claims that it engaged in a decade-long, illegal kickback scheme with the cardiology group MidAtlantic Cardiovascular...more

California Supreme Court Disallows Pass-On Defense in State Antitrust Actions

This week the California Supreme Court issued its most significant antitrust opinion in years, with important implications for damages claims for conspiratorial overcharges under the Cartwright Act by intermediaries in the...more

California Supreme Court Precludes Pass-On Defense in Clayton Act Claim and Finds Standing Under the UCL

The Supreme Court of California yesterday issued its decision in Clayworth v. Pfizer, Inc., addressing issues raised under California’s antitrust statute, The Clayton Act, and California’s Unfair Competition Law (“UCL”)....more

Advertising Law - May 18, 2010

In This Issue: *FDA Seeks Comment on Front-of-Package Food Labeling *FCC: Radio Station Should Be Fined for Breaking Its Own Rule *FTC, Florida File Suit Against Company that Sold a Cure for Alcoholism *USDA Launches...more

Antitrust & Trade Regulation Briefing By Robert K.Taylor

IN THIS ISSUE: *Arbitration Clause May Not Prohibit Antitrust Class Actions Or Treble Damages; Limits On Discovery Allowed *Lawsuit Over Driving Up Rivals’ Costs Goes To Supreme Court *Supreme Court To Consider Stricter...more

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