This article is part of a monthly column that considers the significance of recent Federal Trade Commission announcements about antitrust issues. In this installment, we discuss the FTC's complaint on PBMs' conduct around...more
10/3/2024
/ Administrative Complaints ,
Anti-Competitive ,
Article II ,
Drug Pricing ,
Due Process ,
Federal Trade Commission (FTC) ,
FTC Act ,
Healthcare ,
Manufacturers ,
Out-of-Pocket Expenses ,
Pharmaceutical Industry ,
Pharmacies ,
Pharmacy Benefit Manager (PBM) ,
Sherman Act
U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare.
On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more
8/2/2024
/ Acquisitions ,
Antitrust Provisions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Investment ,
Mergers ,
Popular ,
Private Equity ,
Sherman Act ,
The Clayton Act ,
Unfair or Deceptive Trade Practices
The FTC and SEC have their own administrative dispute resolution regime, presided over by their own administrative judges (“ALJs”). Until now, those regimes were virtually immune from attack on a constitutional basis, because...more
On January 11, 2023, Elizabeth Wilkins, the FTC’s Director of the Office of Policy Planning, spoke to the Capitol Forum about the FTC’s proposed rule to ban non-compete agreements. This conversation was the most significant...more
In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek...more
2/7/2022
/ Acquisition Agreements ,
Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Review ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Certiorari ,
Competition ,
Constitutional Challenges ,
Due Process ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
FTC Act ,
Merger Controls ,
Removal For-Cause ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation
In the latest piece to come out of the FTC’s new focus on emerging technologies, the FTC Bureau of Consumer Protection issued new guidance on the use of artificial intelligence (“AI”) and algorithms. The guidance follows up...more