Latest Posts › Competition

Share:

Divergent Views on Vertical Mergers Apparent in FTC’s Staples Merger Consent

In the process of green-lighting a vertical merger with a firewall remedy, the current Federal Trade Commission (“FTC” or “Commission”) exposed a significant partisan divergence in the commissioners’ approach to vertical...more

DOJ Reaches Proposed Settlement in Anti-Steering Case Against Atrium Health (f/k/a Carolinas HealthCare)

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

Third Circuit Reinstates $67 Million Antitrust “Refusal to Deal” Suit Against Blues

The Third Circuit reinstated an antitrust suit brought by a medical device seller that alleged Blue Cross Blue Shield Association and five of its member insurance plan administrators shut out the seller by conspiring to deny...more

Out with the Old: DOJ Seeks to Terminate Outdated Antitrust Judgments

The Department of Justice (“DOJ”) announced a new initiative to terminate “legacy” antitrust judgments that “no longer protect competition.” In 1979, the DOJ adopted a general practice to include sunset provisions that...more

Philadelphia Cabbies Lose Appeal in Monopoly Case Against Uber

In broad language, a Third Circuit panel affirmed a district court’s dismissal of a monopoly suit against Uber Technologies Inc. (“Uber”). Philadelphia Taxi Association Inc. v. Uber Technologies Inc., Case No. 17-1871 (3rd...more

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

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

Physician Certification Group Wins Dismissal of Antitrust Suit Brought By Physicians

A physician organization has failed to sufficiently plead that a physician certification group caused an unreasonable restraint of trade through its actions to promulgate its certification program. Last week, a district court...more

Antitrust Suit Against Michigan Hospital Moves Forward As Both Sides Denied Summary Judgment

A federal district court denied summary judgment motions brought by both sides in the government’s antitrust suit against a Michigan hospital alleging an agreement not to compete in violation of Section 1 of the Sherman Act....more

FTC’s First Test of Supreme Court’s North Carolina Dental Precedent in New Case against Real Estate Appraisal Board

Even with a reduced lineup of only two commissioners — the Republican Acting Chair and one Democratic Commissioner — the Federal Trade Commission (the “FTC” or “Commission”) filed an administrative complaint this week against...more

What Have Merchants Gained from Payment Card Antitrust Litigation?

In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust...more

FTC Settles Monopolization Charges Stemming from Contract Exclusivity Terms Used by First-to-Market Medical Polymer Maker

The mere possession of monopoly power does not violate federal antitrust laws. The laws only address the anticompetitive acquisition, maintenance, or abuse of that power. The Federal Trade Commission (“FTC”) entered into a...more

FTC Again Urges Consideration of Competitive Impact on State Regulation of APRNs

The Federal Trade Commission (FTC) submitted written comments last week on the likely competitive impact of a legislative proposal in West Virginia to modify the supervision requirements imposed on Advanced Practice...more

FTC Alleges “Three-to-Two” Hospital Merger Will Reduce Competition

Last week the Federal Trade Commission (FTC) authorized an action to block a proposed hospital merger pending an administrative trial. According to the FTC, the merger of Penn State Hershey Medical Center (Hershey) and...more

FTC Submits Public Comments to States Considering Regulations of Cooperative Agreements Between Hospitals

The Federal Trade Commission (FTC) recently submitted comments to Virginia and Tennessee regarding proposed laws in each state relating to Cooperative Agreements between hospitals and the granting of Certificates of Public...more

FTC Merger Challenge Based on Harm to Potential Competition Rejected by District Court

In what has become rare of late, the Federal Trade Commission (“FTC”) suffered a litigation loss in a merger case with a district court’s denial of a preliminary injunction to block the deal pending administrative litigation....more

Health Care Competition Follow-up Exam: Highlights from the Second FTC/DOJ “Examining Health Care Competition” Workshop

Last week, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) co-hosted the second installment of their public workshop series, “Examining Health Care Competition.” Complementing last year’s focus on...more

FTC and DOJ to Host Second Public Workshop on Health Care Competition

Last March, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) began a public workshop series entitled, “Examining Health Care Competition.” On February 24 and 25, 2015, the FTC will physically host the...more

FTC Check-Up on Health Care Trends Reveals New Competitive Wrinkles - Highlights from the FTC Workshop “Examining Health Care...

The Federal Trade Commission (FTC or Commission) recently hosted a workshop exploring trends and innovation in the health care industry that may affect competition, marking at least 10 years since the antitrust agencies...more

FTC Voids Confidentiality and Non-Compete Provisions in Non-Reportable Transaction and Requires Notification of All Future...

Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the transaction—and those provisions often do not get a hard look by antitrust legal...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide