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Competition and Regulation Update: Health Sector Under ACCC Spotlight In 2015

ACCC ENFORCEMENT PRIORITIES - The Australian Competition and Consumer Commission (ACCC) has released its enforcement priorities for 2015, with the Chairman of the ACCC giving a speech on the topic last week. Each year,...more

Supreme Court Finds that Regulatory Boards Composed of “Active Market Participants” are Subject to Antitrust Laws if Not Actively...

Yesterday, the Supreme Court issued its ruling in North Carolina State Board of Dental Examiners v. FTC, finding that North Carolina’s state board of dental examiners was subject to antitrust scrutiny under the Sherman Act...more

Supreme Court rules that state professional boards must be actively supervised to avoid federal antitrust scrutiny

The U.S. Supreme Court, on February 25, 2015, reaffirmed that state professional boards controlled by same-profession individuals which are not "actively supervised" do not enjoy Parker v. Brown-based state action immunity...more

Ninth Circuit and Massachusetts Superior Court Release Important Antitrust Decisions

The Ninth Circuit Court of Appeals and a Massachusetts Superior Court each recently released decisions dealing with alleged violations of antitrust prohibitions that implicate a number of important issues surrounding health...more

The State Action Doctrine: Active Supervision Reigns Supreme

On February 25, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 2015 U.S. LEXIS 1502 (2015). In the 6–3 opinion, the Court held that an action taken by...more

U.S. Supreme Court Denies Antitrust Protection for State Professional Boards

In a 6-3 decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, the United States Supreme Court ruled today that state professional boards comprised of active professionals in the occupation...more

Supreme Court Decides North Carolina State Board of Dental Examiners v. Federal Trade Commission

On February 25, 2015, the Supreme Court decided North Carolina State Board of Dental Examiners v. Federal Trade Commission, No. 13-534. The Court held that the North Carolina State Board of Dental Examiners was not immune...more

Generic Drug Price Hike Investigations Target Lannett

Since we last reported on state and federal investigations into recent generic drug price increases, the investigations have moved forward against Philadelphia-based Lannett Co. On November 20, a Senate healthcare...more

Texas Supreme Court Argument Preview - 2/15 #2

The Texas Supreme Court will hear argument in two mandamus petitions on Wednesday, February 25, 2015, beginning at 9:00 am. ...more

Divestiture of St. Luke's Acquisition Upheld Despite Transaction's "Laudable" Goals

On February 10, 2015, the Federal Trade Commission (FTC) achieved a historic victory when a U.S. Court of Appeals ruled that a hospital's acquisition of a physician's group – the transaction challenged by the FTC – ran afoul...more

Health Law Alert: Ninth Circuit Affirms Acquisition of Idaho Medical Group by St. Luke's Hospital Violates Antitrust Laws

On Feb. 12, the Ninth Circuit Court of Appeals affirmed a trial victory for the Federal Trade Commission (FTC) and Saint Alphonsus Medical Center (Saint Alphonsus) in their challenge to the acquisition by the St. Luke’s...more

Divestiture of St. Luke's Acquisition Upheld Despite Transaction's "Laudable" Goals

On February 10, 2015, the Federal Trade Commission (FTC) achieved a historic victory when a U.S. Court of Appeals ruled that a hospital's acquisition of a physician's group – the transaction challenged by the FTC – ran afoul...more

St. Luke's Health: Does Improving Patient Care Justify a Merger Under Antitrust Law? Ninth Circuit Says "No" and Orders...

Healthcare providers frequently consolidate to cut costs and improve patient care. These benefits can result from sharing administrative costs such as billing and electronic recordkeeping, eliminating excess capacity, better...more

Say Ah! FTC and DOJ to Host Second Workshop on “Examining Health Care Competition”

On February 24-25, 2015, the FTC and the U.S. Department of Justice will host their second workshop on “Examining Health Care Competition.” The workshop will take place in Washington, D.C., and will focus on recent...more

Takeaways from the Ninth Circuit’s Opinion Affirming the FTC’s Victory Against the St. Luke's/Saltzer Merger

On February 10, 2015, the United States Court of Appeals for the Ninth Circuit affirmed a district court’s ruling that St. Luke’s Health System’s acquisition of the independent physician group Saltzer Medical Group violated...more

“Oh help me, please doctor, I’m damaged”*—What does the Future Hold for Hospital-Physician Acquisitions?

With the ink still drying on the Ninth Circuit’s opinion affirming the Idaho federal district court’s order requiring St. Luke’s Health System to unwind its acquisition of Saltzer Medical Group—a for-profit, physician-owned,...more

Ninth Circuit Sides with FTC; Affirms Ruling That Idaho Health Care Merger Was Unlawful

In a closely-watched post-merger challenge, the Ninth Circuit this week sided with the FTC and affirmed an Idaho federal court's determination that the 2012 merger of two health care providers in the same city violated...more

Is 2015 the Year of Data Protection?

The growing frequency, impact and sophistication of cyberattacks in the U.S. and abroad have highlighted the need to address America's lack of a unified federal cybersecurity framework. No single congressional committee or...more

ProMedica and the AHA Seek Guidance from SCOTUS on Hospital Consolidations and Mergers

The New Year started out with a bang in the healthcare antitrust circles with ProMedica Health Systems Inc.’s (“ProMedica”) well-publicized petition to the US Supreme Court and the American Hospital Association’s (AHA) amicus...more

Blog: The FTC Stakes Its Claim For Regulating Digital Health

Not wanting to be left out of the digital heath conversation, the Federal Trade Commission (FTC) has increased its level of activity. On January 27th, the FTC released its Internet of Things (IoT) report and last week the...more

FTC Offers Privacy and Security Guidance for Medical Devices in 'Internet of Things' Report

On January 27, the FTC issued a 71-page Staff Report on the privacy and security issues with the Internet of Things. As we’ve noted in our previous blog posts, the Internet of Things (“IoT”) refers to the growing ability of...more

Privacy & Cybersecurity - January 2015

In This Issue: - Summary of President’s Recent Proposals for Cybersecurity Legislation - New York Attorney General Proposes New Approaches to Data Security - Delaware Data Destruction Law Takes...more

Blog: Obama Advocates Federal Breach Reporting Law

On January 12, 2015, President Obama delivered a speech at the Federal Trade Commission during which he set forth several proposals, including the Personal Data Notification and Protection Act (the “Act”). ...more

Medical Billing Provider and its Former CEO Settle FTC Charges That They Misled Consumers About Collection of Personal Health Data

In an age when many of us briskly scroll through website terms and conditions and check, “I agree” without thinking, how should businesses design their websites to obtain proper authorization to access users’ sensitive...more

The Beat Goes On: Antitrust Enforcement and Healthcare*

In one form or another, the Federal Trade Commission (FTC) has been banging the drum that there is no inconsistency between antitrust enforcement and healthcare. The latest to pick-up the drumbeat is the chair of the FTC...more

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