News & Analysis as of

Antitrust Litigation Patient Protection and Affordable Care Act (PPACA)

As Class Action Spending Continues to Climb, Companies Manage Greater Risks

by Carlton Fields on

Class action spending by companies across industries increased for the second consecutive year, reversing a downward trend that occurred between 2011 and 2014. While the percentage of companies managing at least one active...more

Four Takeaways from the FTC’s Healthcare Merger Losses

The Federal Trade Commission has made clear that it considers the regulation of competition in health care markets one of its top priorities, but in recent weeks the FTC has been dealt a string of tough losses in its...more

District Court Blocks FTC and PA AG Challenge to Hershey-Pinnacle Merger

by McDermott Will & Emery on

On May 9, 2016, the US District Court for the Middle District of Pennsylvania denied the motion by the Federal Trade Commission (FTC) and Pennsylvania Office of Attorney General (together, the agencies) for a preliminary...more

Federal Court Relies on “Evolving Landscape of Health Care” Post-Affordable Care Act to Reject FTC Challenge to Hospital Merger

by Mintz Levin on

Judge takes “the healthcare world as it is, and not as the FTC wishes it to be.” “We find it no small irony that the same federal government under which the FTC operates has created a climate that virtually compels...more

[Webinar] Provider Networks: Avoiding Antitrust Trouble - Oct. 15th, 10:00am PDT

by Davis Wright Tremaine LLP on

The Affordable Care Act encourages providers to collaborate to improve health care. But the antitrust enforcement agencies have warned providers that “too much” collaboration can run afoul of the antitrust laws. How do...more

Anatomy of a Provider-Merger Antitrust Challenge (Part 5)

by Baker Ober Health Law on

This is the fifth 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

Hospital Wins First Round Against Largest Rival in Antitrust Suit Alleging Illegal Exclusive Dealing Agreements with Insurers

by Mintz Levin on

The waves of change affecting health care providers include reimbursement and funding developments, the impact of the Affordable Care Act, technological and medical advances, provider network design transformations imposed by...more

Ninth Circuit and Massachusetts Superior Court Release Important Antitrust Decisions

by Robinson & Cole LLP on

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

Ninth Circuit Affirms FTC’s Challenge to Provider Acquisition as Anticompetitive Despite Defense that the Transaction’s Goals...

by Dorsey & Whitney LLP on

Competitive effects still matter in healthcare mergers, even in the face of a transaction’s claimed improvements in patient outcomes through integrated care and risk-based reimbursement consistent with the goals of the...more

Antitrust and Health Care: An Update from the Federal Trade Commission

by Mintz Levin on

The interplay between the Affordable Care Act (ACA), Accountable Care Organizations (ACOs), and antitrust has been a matter of great moment for several years. It has been an issue in litigation such as the Federal Trade...more

Insurance Antitrust Legal News - November 2013 • Volume 2, Number 6

by Dickinson Wright on

In This Issue: - BILL SEEKING TO REPEAL THE MCCARRAN FERGUSON ACT’S ANTITRUST EXEMPTION INTRODUCED IN CONGRESS: On September 18, Congressman Phil Roe (R-Tennessee) introduced legislation (H.R.3121) that would,...more

Hospital-Physician Mergers: Practical Issues and Steps to Minimize Antitrust Risk

by Baker Donelson on

Recently, hospitals have been actively acquiring primary care and specialty physician groups, resulting in the employment of those physicians. This trend has occurred largely in response to reimbursement changes and other...more

Health Care Reform Update -- February 25, 2013

In This Issue: Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups Scheduled. Excerpt...more

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