In the latest development in the Department of Justice (DOJ) Antitrust Division’s ongoing investigation into the generic pharmaceutical industry, Heritage Pharmaceuticals, Inc. has entered into a deferred prosecution...more
On March 14, 2019, a California state court denied Sutter Health’s motion for summary judgment on claims of alleged price tampering and combination to monopolize under California’s Cartwright Act, the state’s principal...more
3/28/2019
/ Anticompetitive Behavior ,
Antitrust Violations ,
Cartwright Act ,
Case Consolidation ,
Healthcare Costs ,
Hospitals ,
Intent ,
Monopolization ,
Motion for Summary Judgment ,
Price-Fixing ,
Putative Class Actions ,
Restraint of Trade ,
Self-Insured Health Plans ,
Sherman Act ,
State Attorneys General ,
Vertical Restraints
Last month the Antitrust Division of the Department of Justice (the “DOJ”) announced a proposed settlement in its anti-steering case against Atrium Health (formerly known as Carolinas HealthCare System) (“Atrium”). US v. The...more
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
3/15/2018
/ Anti-Steering Rules ,
Anticompetitive Behavior ,
Antitrust Litigation ,
Competition ,
Health Care Providers ,
Healthcare ,
Home Health Care ,
Hospitals ,
Judgment on the Pleadings ,
Medicare ,
Monopolization ,
Patient Referrals
On March 30, 2017, in a closely watched case, a federal district court denied the Motion for Judgment on the Pleadings filed by Carolinas Healthcare against the DOJ Antitrust Division and State of North Carolina’s Complaint...more
4/3/2017
/ Anti-Steering Rules ,
Anticompetitive Behavior ,
Antitrust Division ,
Antitrust Violations ,
Contract Terms ,
Department of Justice (DOJ) ,
Health Insurance ,
Hospitals ,
Judgment on the Pleadings ,
Motion for Judgment ,
Pleadings ,
Restraint of Trade
An ophthalmologist cooperative in Puerto Rico settled charges with the Federal Trade Commission (“FTC”) last week that it orchestrated an illegal boycott of a health plan. The FTC alleged that the cooperative urged its...more
The Sixth Circuit on Tuesday voted 2 to 1 to reverse a district court’s grant of summary judgment under which a defendant hospital network had been found to be a single entity incapable of conspiring with itself in an...more