Antitrust & Trade Regulation, Health Law

French Autorité de la Concurrence Fines Sanofi €40.6 Million for Denigrating Competing Generics"

by Simon Baxter, Frederic Depoortere, Ingrid Vandenborre, James Venit | Skadden, Arps, Slate, Meagher & Flom LLP on 5/21/2013

On May 14, 2013, the French Autorité de la Concurrence (Autorité) issued a decision imposing a fine of €40.6 million on French company Sanofi-Aventis France (Sanofi) for an abuse of dominance in the market for the...more

"Eye on Privacy" Newsletter - May 2013

by Wendell Bartnick, Cedric Burton, Caitlin Courtney, Wendy Devine, Tonia Klausner, Anna Pateraki, Tracy Shapiro, Gerard Stegmaier | Wilson Sonsini Goodrich & Rosati on 5/17/2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data?...more

FTC Approves Order Settling Data Breach Charges

by BuckleySandler LLP on 5/15/2013

On May 3, the FTC approved a final order settling charges against a California-based cord blood bank firm alleged to have violated the FTC Act by failing to use reasonable and appropriate procedures for handling customers’...more

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

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/14/2013

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

The FTC Weighs in on Recent State Efforts to Promote/Hinder Healthcare Competition From APRNS

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/10/2013

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

Insurance Antitrust Legal News - May 2013 • Volume 2, Number 3

by James M. Burns | Dickinson Wright on 5/2/2013

In This Issue: - STATE EFFORTS TO RESTRICT HEALTH INSURER USE OF “MOST FAVORED NATION” CLAUSES IN PROVIDER CONTRACTS CONTINUE TO MULTIPLY: Over the last several years, several states have considered legislation...more

FCC Seeks Comment on Healthcare Connect Fund Clarification

by Rebecca Jacobs, Mark Palchick | Womble Carlyle Sandridge & Rice, PLLC on 5/2/2013

The Wireline Competition Bureau is seeking comment on a petition filed by the United States Telecom Association (USTelecom) for reconsideration and clarification of the FCC’s recent Rural Health Care Support Mechanism Order....more

Promoting Healthcare Competition – The FTC’s Recent Comments on State Legislative/Regulatory Efforts Impacting Competition from...

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 5/1/2013

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

Hospital-Physician Mergers: Practical Issues and Steps to Minimize Antitrust Risk

by William Berlin | Ober|Kaler on 4/26/2013

Recently, hospitals have been actively acquiring primary care and specialty physician groups, resulting in the employment of those physicians. This trend has occurred largely in response to reimbursement changes and other...more

State Action Immunity Does Not Apply Without Clear State Policy

by Kristina Longo | Ober|Kaler on 4/25/2013

The United States Supreme Court’s recent decision in FTC v. Phoebe Putney Health System, Inc., No. 11-1160, 568 U.S. __ (2013), makes clear that a state’s authorization to act in a manner with potentially anticompetitive...more

Price Fixing and Leveraging Concerns Alleviated by Promoted Efficiencies: More FTC Guidance on Clinical Integration

by E. John Steren | Ober|Kaler on 4/24/2013

The Federal Trade Commission (FTC) has provided additional guidance, and comfort, to physicians seeking to clinically integrate for the purpose of, among other things, jointly negotiating payor contracts. This additional...more

Stericycle Inc. Being Investigated For Excessive Charges

by Audet & Partners, LLP on 4/19/2013

Stericycle, Inc., a publicly-traded company with revenue swelling 14.1% in 2012 to $1.96 billion, maintains an expansive network of medical waste transport vehicles, collection sites, and treatment facilities in the United...more

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

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 4/8/2013

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

Health Care Reform Update -- April 2, 2013

by Joseph P. Hammang, Alexander Hecht, Kevin M. Kappel, Tom Koutsoumpas, Jeremy Rabinovitz, Robert C. Skinner | Mintz Levin - Health Law on 4/3/2013

In This Issue: Implementation of the Affordable Care Act (ACA); Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups...more

When Most-Favored Is Disfavored: A Counselor’s Guide to MFNs

by W. Stephen Smith | Morrison & Foerster LLP on 4/3/2013

Originally published in the American Bar Association on April 1, 2013. The U.S. Antitrust Agencies Have turned the spotlight on most-favored-nation (MFN) clauses. The Department of Justice is currently litigating two...more

Reverse-Payment Settlement Agreements Roundtable

by Howard Morse on 3/28/2013

Reverse-payment settlements between brand name and generic drug companies have remained a staple hot-button issue in the antitrust community for more than a decade. In some antitrust circles, simply mentioning the term...more

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

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 3/27/2013

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

FTC Further Defines Clinical Integration

by Thomas Donovan | K&L Gates LLP on 3/25/2013

In their Statements of Antitrust Enforcement Policy in Health Care, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice declared that joint negotiation of fees for services by competing...more

FTC and Idaho AG Sue, Challenge St. Luke’s Acquisition of Saltzer Medical Group

by King & Spalding on 3/20/2013

The Federal Trade Commission (FTC), together with the Idaho Attorney General, have filed a complaint (the “joint complaint”) under seal in Federal district court seeking to block the acquisition of Saltzer Medical Group P.A.,...more

“Wide-Ranging Investigation” Leads FTC and Idaho AG to Join Ongoing Antitrust Lawsuit Challenging Acquisition of Idaho’s Largest...

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 3/19/2013

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

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

by Bruce A. Johnson, Gerald Niederman, Mitchell Raup | Polsinelli on 3/14/2013

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

Just How Much Integration Is Enough: FTC Advisory Opinion Finally Provides Guidance For Competitors Seeking To Collaborate Or...

by Barak Bassman, Daniel Boland, Deirdre McInerney, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

The Federal Trade Commission (FTC) recently issued its first advisory opinion addressing clinical integration programs since the enactment of the Affordable Care Act (ACA). Without a doubt the advisory opinion is useful for...more

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Antitrust & Trade Regulation › Health Law