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Hospitals Antitrust Litigation

Troutman Pepper

Antitrust Considerations in Long-Term Care — Assisted Living and the Law Podcast

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Assisted Living and the Law, hosted by Troutman Pepper attorneys Cal Stein and Emma Trivax, offers timely insights and practical advice on navigating the complex and evolving legal landscape of the long-term care industry. ...more

Holland & Knight LLP

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

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District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more

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

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - March 2024

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Calls for Removal of Device Patents Listed in the Orange Book Continue. FTC and Congressional action scrutinizing allegedly “improper” Orange Book listings continued apace in the first few months of 2024. ...more

BakerHostetler

Healthcare Industry Team 2023 Year in Review

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As we approach the conclusion of another transformative year, we are excited to present our comprehensive year-end review, shedding light on the trends shaping the healthcare market in 2023. Our team’s keen insights and...more

Holland & Knight LLP

State Action Immunity Trumps Federal Pre-Merger Notification Requirements

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The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant...more

Epstein Becker & Green

What Happens When Parties Abandon a Transaction Challenged by the FTC?

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When the Federal Trade Commission (FTC) makes a determination to challenge a hospital transaction, the FTC first seeks injunctive relief from the relevant federal district court, requesting that the court prohibit the...more

Bass, Berry & Sims PLC

Sutter Health Prevails in Antitrust Trial Arising from Its Contracting Practices

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On March 11, a California federal jury delivered a verdict in favor of Sutter Health, one of the nation’s largest hospital systems, in a $411 million class-action lawsuit alleging Sutter’s contracts with insurers unlawfully...more

Bradley Arant Boult Cummings LLP

2021 AHLA Year in Review: Antitrust

I. ANTITRUST (Updated January 2022) - A. M&A - 1. Provider Merger Enforcement - a. Hackensack Meridian Health/Englewood Healthcare Foundation - • In December 2020, the FTC sued to block Hackensack Meridian...more

Epstein Becker & Green

Distinguishable Products and Tying Claims in Health Care Markets

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Unlawful tying occurs when an entity with market power in one product (the “tying” product) agrees to sell that product but only on the condition that the buyer also agrees to buy a second product (the “tied” product), or at...more

Robins Kaplan LLP

[Remote Event] Health Care Antitrust Under President Biden - What Health Care Companies May Expect By Way Of Antitrust Policy And...

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After a turbulent year that roiled the economy, and the health care sector more than most, the Democrats emerged with control of both the White House and Congress for the first time since 2014. Business leaders and in-house...more

McDermott Will & Emery

Special Report - 2019 Hospital and Health Systems Year in Review

Hospitals and health systems are facing consumer demand for innovation, the need to expand and enhance streams of revenue and the push for improved quality, all while navigating changing regulations, federal enforcement,...more

McDermott Will & Emery

California Attorney General Announces Historic $575 Million Settlement of Antitrust Suit Against Sutter Health

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California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (Sutter), the largest hospital system in Northern...more

Benesch

Benesch Market Intelligence: Health Care Quarterly Report - Q3 2019

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Shepherd Premier Aims to Open 30 Small-Home Communities By 2022 - Aug 11th, 2019 via Senior Housing News. Small-home senior living provider, Shepherd Premier Senior Living, offers an alternative to traditional large-scale...more

McDermott Will & Emery

Antitrust Litigation Update for Health Care Providers - June 2019

2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable...more

Akerman LLP - Health Law Rx

Antitrust Exemption Allows Health System to Avoid All Claims for Damages in Antitrust Class Action

Atrium Health (formerly known as Carolinas Healthcare System) scored a big victory in its defense of an antitrust class action on March 4, when the Court ruled that the plaintiffs in Benitez v. The Charlotte-Mecklenburg...more

Holland & Knight LLP

Healthcare Law Update: September 2018

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Regulation - CMS Contemplating Telemedicine Changes - The Centers for Medicare & Medicaid Services (CMS) recently published what it described as a "major proposed rule" that covers a number of topics that could have...more

Holland & Knight LLP

Healthcare Law Update: May 2018

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Enforcement - OIG Issues Advisory Opinion on Provision of Samples by a Device Distributor - On April 30, 2018, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a...more

Akerman LLP - Health Law Rx

Reversal of Fortune: Rhode Island Court Withdraws “Tentative” Decision to Grant Summary Judgment to Health Insurer in Health...

In what was a surprise result, on April 23, Judge William Smith (Chief Judge of the District of Rhode Island) reversed the “tentative” decision he had announced last November, in Stewart Health v. Blue Cross & Blue Shield of...more

Akerman LLP - Health Law Rx

Outpatient Surgery Center Avoids Dismissal of Antitrust Action Through an Assist from the DOJ

In 2012, Marion Healthcare, an outpatient surgery center in southern Illinois, commenced an antitrust action against Southern Illinois Healthcare (“SIH”), a multi-hospital system operating in the same market....more

Mintz

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

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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

Patterson Belknap Webb & Tyler LLP

How an Amicus Brief Can Win an Appeal

Economists are endemic to antitrust litigation. Their expertise is often necessary to explain why the conduct or merger at issue will have no impact (or a huge impact!) on competition in a market. ...more

Bricker Graydon LLP

Antitrust enforcement priorities for 2018

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Health care antitrust in 2017 saw governmental agencies successfully pursue a number of enforcement actions. Examining these actions provides insight and guidance as to what might happen in antitrust enforcement in 2018 and...more

Holland & Knight LLP

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

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As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Sheppard Mullin Richter & Hampton LLP

Exclusive Agreement Between Hospital and Insurance Plan Does Not Violate Section 1

The Seventh Circuit refused to revive an exclusive dealing claim by one hospital against its competitor because of an exclusivity agreement with an insurance plan. Judge Richard Posner wrote the short opinion strongly...more

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