News & Analysis as of

Healthcare Anticompetitive Behavior

Axinn, Veltrop & Harkrider LLP

Hospital Deal Collapses When Fourth Circuit Agrees to Injunction Pending Review of FTC Loss — Key Issue Left Unresolved

The FTC lost its challenge to Novant's acquisition of two hospitals owned by Community Health Systems ("CHS") but obtained an injunction pending appeal. Soon after learning the injunction was granted, Novant dropped the...more

Morrison & Foerster LLP

The FTC and DOJ Enlist the Public in Latest Attack on Serial Acquisition Strategies

On May 23, 2024, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) Antitrust Division announced a Request for Information (“RFI”) seeking information from the public to “identify serial acquisitions...more

Axinn, Veltrop & Harkrider LLP

HealthyCompetition.gov Portal Seeks Public Input on Healthcare Industry Practices

Expanding the range of ways they can identify and investigate potential competition concerns in healthcare, DOJ, FTC, and HHS recently announced the introduction of HealthyCompetition.gov, a new portal through which the...more

Cozen O'Connor

Federal Agencies Launch Public Portal to Bring Health Care Costs Back into Orbit

Cozen O'Connor on

The FTC, U.S. DOJ, and HHS have launched an online portal for the public to report potentially unfair and anticompetitive health care practices to the FTC and the Antitrust Division of the DOJ....more

Stikeman Elliott LLP

Palmer v. Teva Canada Ltd.: Court of Appeal Confirms No Compensation for Risk “In the Air”

Stikeman Elliott LLP on

In Palmer v. Teva Canada Limited, the Ontario Court of Appeal upheld the lower court’s decision to deny certification of a proposed product liability class action seeking damages for the alleged increased risk of being...more

Lowenstein Sandler LLP

Antitrust Agencies’ Health Care RFI Signals Increased Scrutiny of PE Deals

Lowenstein Sandler LLP on

On March 5, the Federal Trade Commission (FTC), U.S. Department of Justice’s Antitrust Division (DOJ), and Department of Health and Human Services (HHS) jointly issued a Request for Information on Consolidation in Health Care...more

Paul Hastings LLP

Antitrust Authorities Keep Pressure Up on Private Equity, Focusing on Healthcare

Paul Hastings LLP on

A recent government initiative announced on March 5, 2024 signals that more antitrust scrutiny for private equity firms and asset managers is on the horizon. The U.S. antitrust agencies, the Federal Trade Commission (“FTC”)...more

Troutman Pepper

California Bill Aims to Increase Oversight Over Health Care Acquisitions

Troutman Pepper on

California Attorney General (AG) Rob Bonta and Assembly Speaker Pro Tempore Jim Wood have introduced new legislation addressing private equity health care deals. The bill, A.B. 3129, would grant the AG oversight over private...more

Mintz

Attempted Monopolization Suit Based on Alleged Referral Steering Moves Forward with Court’s Acceptance as Plausible of a...

Mintz on

A private home health care agency’s attempted monopolization suit against a dominant public hospital system and its home health care agency will move forward following a federal district court’s denial of the defendant...more

Polsinelli

2016 Antitrust Case Law And FTC Action Highlights FTC Agency’s Approach To Hospital Mergers

Polsinelli on

In 2016, the Federal Trade Commission prevailed in litigation before the Third and Seventh Circuit Courts of Appeal related to two high-profile hospital mergers. In both cases, the courts of appeal overturned the federal...more

Polsinelli

Mega-Mergers Highlight Risk to Health Care Providers

Polsinelli on

Consolidation in health insurance markets can injure hospitals and doctors by creating buyer-side market power that can force providers to accept below-market prices, limit patients’ access to care, and reduce innovation in...more

Manatt, Phelps & Phillips, LLP

New Risks of "No-Poach" Agreements in the Healthcare Industry?

"No-poach" agreements, under which employers agree not to steal each other's employees, have long been a feature of industries in which key talent is in short supply. But such agreements can restrict competition in employment...more

McDermott Will & Emery

FTC Comment: Minnesota Law Requiring Public Disclosure of Health Care Contract Data Increases Risk of Anticompetitive Behavior

McDermott Will & Emery on

On June 29, 2015, the Federal Trade Commission (FTC) responded to a request for comment from two Minnesota state legislators concerning recently enacted amendments to the Minnesota Government Data Practices Act (MGDPA). Under...more

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