Antitrust & Trade Regulation, Health Law, Commercial Law & Contracts

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

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

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

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

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

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

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

DOJ Approves Greater New York Hospital Association’s Proposed Gainsharing Program

by Christi Braun, Robert G. Kidwell, Farrah Short, Bruce D. Sokler, Shoshana S. Speiser | Mintz Levin - Antitrust on 1/31/2013

On January 16, the Department of Justice’s Antitrust Division (“DOJ”) announced that it does not presently intend to challenge the Greater New York Hospital Association’s (“GNYHA”) proposed gainsharing program. The program...more

DOJ Will Not Contest Greater New York Hospital Association Gainsharing Program

by King & Spalding on 1/28/2013

On January 16, 2013, the Department of Justice, Antitrust Division (DOJ) announced that it will not challenge a gainsharing program that the Greater New York Hospital Association (GNYHA) proposed in its August 13, 2012...more

The End of “Pay For Delay”?

by MoFo Tech on 1/15/2013

More brand-name drug companies have been paying their competitors to delay their efforts to bring generic versions of blockbuster pharmaceuticals to market....more

Insurance Antitrust Legal News - January 2013 • Volume 2, Number 1

by James M. Burns | Dickinson Wright on 1/4/2013

In This Issue: - Michigan Governor Vetoes Legislation Banning Health Insurers From Utilizing Most Favored Nation Clauses In Provider Contracts - DOJ Antitrust Division Approves Wellpoint’s Acquisition Of...more

Insurance Antitrust Legal News - November 2012 • Volume 1, Number 4

by Dickinson Wright on 11/1/2012

In This Issue: - DOJ and FTC Hold Public Workshop to Consider the Antitrust Issues Raised by “Most Favored Nation Clauses” in Health Insurance Contracts by James M. Burns: On September 10, the Federal Trade...more

Clearance: Proskauer's Quarterly Antitrust Update - Fall 2012

by Proskauer Rose LLP on 10/12/2012

In This Issue: - Exchange Of Employee Wage Information: What Is Permitted Under The Antitrust Laws? - Minn-Chem Maximizes Sherman Act's Reach - The FTC Goes Retro to Win Down South - 7th Circuit Clarifies...more

Criminal Antitrust Update - October 2012

by Patton Boggs LLP on 10/12/2012

In this issue: - INDUSTRY SCORECARD - E-books: Following its settlement with the U.S. Justice Department’s Antitrust Division (the “Division”) regarding price-fixing allegations related to electronic book sales,...more

Calif. On Board As Health Care Antitrust Enforcer

by Sheppard Mullin Richter & Hampton LLP on 9/28/2012

Originally published in Law360, New York (September 27, 2012, 2:13 PM ET) California’s attorney general has recently launched a broad investigation into whether increasing consolidation among hospitals and physician...more

Can a Hospital Alliance Constitute a Single Entity for Antitrust Purposes? It Depends, Says One District Court

by Mintz Levin - Antitrust on 9/14/2012

On August 30, 2012, the U.S. District Court for the Southern District of Ohio denied a motion to dismiss a complaint that alleged a per se group boycott by a managing agent and its affiliated hospitals in violation of Section...more

Insurance Antitrust Legal News - September 2012 • Volume 1, Number 3

by Dickinson Wright on 9/5/2012

In This Issue: - 6th Circuit Holds McCarran-Ferguson Act Bars Antitrust Claims against Title Insurers by James M. Burns: On July 17, the Sixth Circuit Court of Appeals issued its long awaited decision in Katz v....more

Another Loss for the Robinson-Patman Act

by Mintz Levin - Antitrust on 8/28/2012

In Drug Mart Pharmacy Corp. v. American Home Products Corp., 2012 U.S. Dist. LEXIS 11582 (E.D.N.Y. Aug. 16, 2012), Magistrate Judge Steven M. Gold gave the Robinson-Patman Act another drubbing. He granted summary judgment for...more

FTC Uses Creative Remedy to Halt Cardiology Practice Merger: Requires Suspension of Employed Physicians’ Non- Compete Contracts

by Mintz Levin - Antitrust on 8/10/2012

The Federal Trade Commission (FTC) is leaving no stone unturned in its scrutiny of physician acquisitions, as indicated by its recent enforcement action regarding the acquisition of a small cardiology group in Reno,...more

Business News Digest - June 2012

by Venable LLP on 6/29/2012

In this issue: - Nonprofit Retirement Plan Fee Disclosure – Action Needed - What You Need to Know Regarding the New Maryland Income Tax Credit for Security Clearance Costs & Construction of SCIFs - ACOs,...more

Pennsylvania Attorney General Requires Merging Hospitals to Contract Separately with Payors in Settlement Agreement

by McDermott Will & Emery on 6/18/2012

In addition to the federal antitrust enforcement agencies, state attorneys general continue to take an active role in antitrust enforcement, especially in the health care industry. Last week, the Pennsylvania Attorney...more

Healthcare Legal News - May 16, 2012 • Volume 2, Number 4

by Dickinson Wright on 5/16/2012

In this issue: - Private Civil Enforcement Actions Increasing: The Ameritox vs. Millennium Lawsuit By L. Pahl Zinn, and Christian G. Ohanian As healthcare and antitrust enforcement by governmental agencies...more

District Court Dismisses Follow-On Suit Challenging Blue Cross's "MFN-Plus' Contracts Under Both Per Se and Rule of Reason...

by Sheppard Mullin Richter & Hampton LLP on 4/13/2012

The District Court for the Eastern District of Michigan recently dismissed antitrust claims brought by the City of Pontiac against Blue Cross Blue Shield of Michigan's practice of requiring hospitals to enter into "MFN-Plus"...more

Lo sviluppo delle copie economiche dei farmaci off-patent e il bottleneck della distribuzione al dettaglio

by Nicola Carmine Salerno on 1/12/2012

Lo sviluppo delle copie economiche dei farmaci off-patent e il bottleneck della distribuzione al dettaglio. Brevi riflessioni sull'Italia...more

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Antitrust & Trade Regulation › Health Law › Commercial Law & Contracts