News & Analysis as of

Anti-Competitive Insurance Industry

Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

Goodwin on

In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Benesch

Are Non-Compete Covenants Likely to Become Unenforceable after the Issuance of the Biden Administration’s Executive Order? Don’t...

Benesch on

On July 9, 2021, President Biden signed a sweeping Executive Order (“EO”) intended to promote competition in a number of sectors of the economy, including healthcare. The EO targets 4 areas of healthcare in particular -...more

Eversheds Sutherland (US) LLP

Overview of President Biden’s Non-Compete Agreement Executive Order 

On July 9, 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy. The Order, breathtaking in scope, asserts as a key goal the desire to improve the lives of consumers through...more

Akin Gump Strauss Hauer & Feld LLP

Competitive Health Insurance Reform Act Signed Into Law, Repeals More Than Half-Century-Old Antitrust Exemption for US Health...

Key Points - Until recently, the McCarran-Ferguson Act of 1954 made the “business of insurance,” including the business of health insurance, immune from federal antitrust laws. - The Competitive Health Insurance Reform...more

King & Spalding

Senate Judiciary Chairman Urges FTC to Launch Probe Into Allegedly Anti-Competitive Contracts Between Hospitals and Insurers

King & Spalding on

On October 10, 2018, Senate Judiciary Chairman Chuck Grassley, R-Iowa, urged the Chairman of the Federal Trade Commission (FTC) to conduct an assessment of potentially anti-competitive provisions in contracts between...more

White and Williams LLP

Eleventh Circuit Reinforces the Importance of Broad-Form Language in “Related Claims” Provisions

White and Williams LLP on

“Related claims” provisions are critical and necessary elements of “claims made” policies. That is because “claims made” policies cover only those claims that are first made — or are deemed first made — during the policy...more

Carlton Fields

AIG Won’t Have To Defend Carfax In $50 Million Antitrust Suit

Carlton Fields on

On March 1, a New York appeals court ruled that American International Group, Inc. (AIG) need not defend Carfax, Inc. against a $50 million suit alleging the company monopolized the vehicle history report market. ...more

Troutman Pepper

House Votes to Repeal Antitrust Exemption for Health Insurers Under the Mccarran-Ferguson Act

Troutman Pepper on

On March 22, the U.S. House of Representatives passed the Competitive Health Insurance Reform Act of 2017, which would repeal the current limited federal antitrust immunity for health insurers. The bill would amend the...more

Buchalter

Aetna vs. BASM: Pigs Get Fat and Hogs Get Slaughtered

Buchalter on

On April 13, 2016, a jury in Santa Clara, California awarded Aetna, Inc. $37.4 million from Bay Area Surgical Management, LLC (“BASM”), six of its affiliated surgery centers and its three principals. Aetna had accused the...more

Cooley LLP

Blog: Commission Publishes Preliminary Findings of Insurance Block Exemption Review

Cooley LLP on

On 17 March, the European Commission published the preliminary findings of its review of the Insurance Block Exemption Regulation (“IBER”). The IBER provides a safe harbour from the EU law prohibition of anticompetitive...more

Mintz

Kissing Camels Antitrust Suit Against Health System Moves Past Another Hump in the Road

Mintz on

In June, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against a health system, health insurers, and a trade association survived a motion to dismiss. Last week, the ASCs’ case cleared the hump of...more

Mintz

Camels and Dogs, Oh My! Defendant Documents Doom Health Provider Trade Association and Insurers’ Motion to Dismiss Antitrust Suit

Mintz on

Over two and one-half years after it was initially filed, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against health insurers and a trade association of competing health systems is finally...more

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