Commercial Law & Contracts, Insurance, Antitrust & Trade Regulation

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

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

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

by John Green | Farella Braun + Martel LLP on 2/13/2013

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...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 Cases to Watch in 2013

by Barger & Wolen on 1/3/2013

Larry Golub was quoted in a Jan. 1, 2013, article published on Law360, Insurance Cases to Watch in 2013 (subscription required) about key insurance cases lawyers, and those in the insurance industry, should keep an eye out...more

First Circuit Addresses Scope of Antitrust Exclusion in E&O Policy

by Traub Lieberman Straus & Shrewsberry LLP on 11/6/2012

In its recent decision in The Saint Consulting Group, Inc. v. Endurance Am. Specialty Ins. Co., 2012 U.S. App. LEXIS 22631 (1st Cir. Nov. 2, 2012), the United States Court of Appeals for the First Circuit, applying...more

Another Decision Uses the UCL to Circumvent the Moradi-Shalal Restriction as to Private Rights of Action Against Insurers

by Barger & Wolen on 11/5/2012

In a decision issued October 24, 2012, the California Second Appellate District, Division Four became the most recent decision applying California’s unfair competition law, Business & Professional Code, § 17200 et seq....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

Delaware Supreme Court Holds That Insured's Payment of Defense Costs Does Not Trigger Excess Insurer's Payment Obligations

by Wilson Sonsini Goodrich & Rosati on 11/1/2012

On September 7, 2012, the Delaware Supreme Court, applying California law, held that the payment obligations of an excess insurer of Intel were not triggered when Intel had settled with the underlying insurer for less than...more

UK Launches Motor Insurance Market Investigation

by King & Spalding on 10/3/2012

The Office of Fair Trading (OFT) has referred the UK’s private motor insurance market to the Competition Commission (CC) for an-depth investigation because it suspects that the market may not be working well for motorists. It...more

Broadening Application Of The Filed Rate Doctrine

by Zelle Hofmann Voelbel & Mason LLP on 9/14/2012

Originally published in Competition Law360 on September 13, 2012. Ninety years ago Justice Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons,...more

The Bad Faith Sentinel - August 2012

by Saul Ewing LLP on 9/5/2012

IN THIS ISSUE: - Texas Court of Appeals: Trial Court Must Sever Breach of Contract and Bad Faith Claims Following an Insurer’s Offer to Settle pages 1 - 2 - Third District Court of Appeals of Florida Holds that...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

Carrier Must Defend Insured Against Allegations That Could Give Rise to a Trade Libel Claim

by Farella Braun + Martel LLP on 8/2/2012

On July 13, 2012, the Second Appellate District handed down its decision in Travelers Property Casualty Co. of America v. Charlotte Russe, Case No. B232771 (a copy is available here). This published opinion is significant...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

Health Law Alert: DOJ Steps Up Antitrust Enforcement Against Health-Plan/Provider Restraints on Competition

by Ober|Kaler on 12/6/2011

Pursuant to an implicit, if not explicit, market-allocation agreement between the Federal Trade Commission and the Antitrust Division, the Division has primary responsibility for investigating and, where warranted,...more

Antitrust And Advertising Injury: Hurdles For Defendants

by Zelle Hofmann Voelbel & Mason LLP on 11/17/2011

Published in Competition Law360 - November 2011. Within the past two months, the Seventh and Eleventh Circuits have addressed whether antitrust claims against an insured gave rise to a duty to defend by insurers under...more

Health Care Antitrust Alert - DOJ Reaches Settlement Prohibiting Hospital from Entering into Anticompetitive Contracts with Health...

by Mintz Levin - Health Law on 3/2/2011

The Obama Administration’s DOJ Antitrust Division has highlighted reinvigorated enforcement of Section 2 of the Sherman Act and strong antitrust enforcement in health care markets as two of its priorities. Christine Varney,...more

Advertising Law - March 11, 2010

by Manatt, Phelps & Phillips, LLP on 3/15/2010

In This Issue: *Companies Seek Protection in Post-Tiger Woods World of Scandal *California Enacts New Law on Promotions *FTC Warns 78 Companies About Advertising “Bamboo” Products *Verizon Wins NAD Challenge Against...more

Strike Three: Plaintiffs Again Fail to Allege Facts of Collusion in Oligopoly Market

by Sheppard Mullin Richter & Hampton LLP on 12/16/2009

Rather than being "plus factors", allegations of interdependent industry structure simply demonstrate that the challenged conduct of defendant title insurers was as consistent with competition as with collusion. In re...more

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Commercial Law & Contracts › Insurance › Antitrust & Trade Regulation