Antitrust & Trade Regulation Health Civil Remedies

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FTC Obtains $26.8 Million in Disgorgement to Settle Monopolization Claims

On April 17, 2015, the Federal Trade Commission (FTC) entered into a settlement with Cardinal Health, Inc. (Cardinal) to resolve allegations that Cardinal, the largest and in certain areas the sole operator of...more

Second Circuit Hears Argument in People of the State of New York v. Actavis PLC

On April 13, 2015 the Second Circuit (Hon. Walker, Raggi, Droney) heard oral argument in People of the State of New York v. Actavis PLC. This case began in September 2014, when the New York Attorney General’s Office...more

Non-Compete Nonsense: Louisiana Enforces Non-Competes Against Cardiologists (but not Car Dealers)

A recent case out of the Louisiana Court of Appeal reminds us that some states will enforce physician non-compete agreements, even in the absence of a clear protectable interest and even where such enforcement threatens harm...more

Anatomy of a Provider-Merger Antitrust Challenge (Part 3)

This is the third in a six-part series discussing the Federal Trade Commission's challenges to provider mergers. Following the initial Introduction and Background (Part 1), the series discusses The Need for Early Legal Advice...more

Ninth Circuit Affirms Divestiture of Consummated Physician Practice Acquisition

The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system. The case, which...more

Supreme Court Rules NC Dentist Board Not Immune From Antitrust Scrutiny

In a 6-3 decision, the Supreme Court ruled that state professional boards comprised of active market participants are not immune from antitrust laws even though the boards are formally designated as a state agency, unless the...more

Classic Antitrust Principles Apply to Health Care Mergers Even Post-ACA

The Ninth Circuit last week held that St. Luke’s Health System’s purchase of a physician practice group violated federal antitrust laws. In doing so, it upheld a district court’s order that the merger be dissolved. ...more

Preliminary Injunction Order in Actavis Casts a Skeptical Eye Toward the “Hard Switch”

Last week, we briefly reported on the injunction granted by the U.S. District Court for the Southern District of New York in the New York Attorney General’s “product hopping” suit against Actavis and its subsidiary, Forest...more

Points & Authorities - Spring 2014

In this Issue: - AB 1000 and Corporate Practice in California: More than Meets the Eye—or Less? - Loose Lips Sink Ships and Careless E-mails Torpedo a Transaction - New Faces - Points from the...more

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 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

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