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Senate Passes Antitrust Whistleblower Anti-Retaliation Legislation

On November 15, the Senate passed the "Criminal Antitrust Anti-Retaliation Act of 2017," S. 807. legislation by unanimous consent. The legislation, introduced in April of 2017 by co-sponsors Senator Chuck Grassley (R-IA) and...more

Congress Responds to Proposed Health Care Mergers with Calls for Hearings and New Merger-Related Legislation

December saw the announcement of several significant proposed mergers in the health care industry, each of which has the potential to reshape the industry. These transactions include both vertical mergers between health care...more

Eleventh Circuit Restores Auto Body Shop Antitrust Case

On September 7, the Eleventh Circuit Court of Appeals handed a big victory to a class of auto body shops in Quality Auto Painting v. State Farm, et. al, reversing a lower court decision that had dismissed the auto body shops'...more

Delrahim Takes Over at DOJ Antitrust – and Quickly Lays Out His Priorities

On September 27, Makan Delrahim was confirmed by the Senate to be the new Assistant Attorney General for the DOJ Antitrust Division. The Senate's vote (73-21 in favor of confirmation) ends the longest delay ever in confirming...more

Specialty Pharmacy's Antitrust Claim against Humana Fails

On August 9, District Judge Susan Wigenton (D. NJ) issued a ruling in Prime Aid Pharmacy v. Humana, Civ. No. 16-2104, granting Humana's motion to dismiss the plaintiff's Second Amended Complaint, finding that the plaintiff...more

FTC and DOJ Antitrust Division Still Waiting for New Leaders

While the Senate confirmed more than five dozen individuals chosen by President Trump for senior administration positions in August (shortly before departing for their summer recess), the head leaderships positions at the DOJ...more

European Commission Announces Antitrust Investigation of Irish Auto Insurance Industry

In early July, the European Commission's Competition Unit confirmed that it had carried out unannounced inspections (often referred to as "dawn raids") at the headquarters of several Irish auto insurers and brokers. The EC...more

Auto Body Shop Antitrust Appeal in Jeopardy of Being Dismissed on Procedural Grounds

On August 17, the clerk of the Eleventh Circuit Court of Appeals issued a notice to all counsel in Indiana Autobody Association v. State Farm Mutual Automobile Insurance, et al., apprising the parties that the plaintiffs'...more

Anthem Terminates Merger Deal with Cigna; Litigation Continues in Delaware Chancery Court

On May 12, Anthem announced that it was terminating all efforts to complete its proposed merger with Cigna. The deal, announced back in 2015 and valued at $54 billion, would have combined the country's second and fifth...more

Pennsylvania Vision Insurer Accused of Anticompetitive Conduct

A group of independent Pennsylvania optometrists and ophthalmologists recently filed a proposed class action antitrust case against vision insurer Davis Vision, alleging that Davis Vision's in-network contractual provisions...more

Senior Leadership at the DOJ Antitrust Division Begins to Take Shape

While the proposed new head of the Antitrust Division, Makan Delrahim, still awaits Senate confirmation (having received approval from the Senate Judiciary Committee on June 8 by a vote of 19-1), other senior-level positions...more

10th Circuit Affirms Dismissal of Antitrust Case Against Health Insurer

On May 31, the Tenth Circuit Court of Appeals affirmed the dismissal of plaintiff's claims in Bristow Endeavor Healthcare v. Blue Cross Blue Shield Association et al., handing Blue Cross Blue Shield of Oklahoma, and its...more

Antitrust "Whistleblower" Protection Legislation Reintroduced in the Senate

On April 4, Senator Chuck Grassley (R-IA) introduced S. 807, the "Criminal Antitrust Anti-Retaliation Act of 2017." The legislation, co-sponsored by Senator Patrick Leahy (D-VT), would prohibit employers from retaliating...more

Anthem Loses Merger Appeal in a 2-1 Decision by the D.C. Circuit

On March 24, the D.C. Circuit held oral argument on Anthem's appeal in United States v. Anthem, in which Anthem sought to have the appellate court overturn District Court Judge Amy Berman Jackson's ruling that barred the...more

Bill to Eliminate Health Insurers' Antitrust Exemption Passes in the House

On March 22, the House of Representatives passed H.R. 372, the "Competitive Health Insurance Reform Act of 2017," by a vote of 416-7. The legislation would repeal the antitrust exemption that the health insurance industry...more

Makan Delrahim Nominated to Head DOJ Antitrust Division

On March 27, President Donald Trump nominated Makan Delrahim to serve as Assistant Attorney General and head of the DOJ Antitrust Division, a position that requires Senate confirmation. The Senate Judiciary Committee...more

Blues Defeat Antitrust Claim by Heart Monitoring Device Maker

On April 3, Judge Eduardo Robreno, District Judge for the Eastern District of Pennsylvania, granted judgment to a collection of insurer defendants in an antitrust conspiracy case brought against them by heart monitoring...more

Hearing Held on McCarran Repeal Legislation

On February 16, the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law held a hearing to consider H.R. 372, the "Competitive Health Insurance Reform Act of 2017." The legislation, introduced by...more

DOJ Prevails in Both the Anthem and Aetna Merger Trials

During the summer of 2015, within a matter of days, Aetna announced an intention to merge with Humana and Anthem announced an intention to merge with Cigna. The deals, among the largest insurance industry combinations ever...more

The Trump Administration Begins the Task of Selecting New Federal Antitrust Enforcers

With every new administration, there is typically a change in the leadership of both the Federal Trade Commission and the DOJ Antitrust Division, the two regulators principally responsible for federal antitrust oversight. Not...more

Blue Cross Plans Effort to Escape MDL Antitrust Case on Jurisdictional Grounds Fails

On December 21, District Judge David Proctor (N.D. Alabama) denied an attempt by nine Blue Cross plans to escape the In re Blue Cross Blue Shield Antitrust Litigation. Finding that the Blues (Mississippi, Triple-S Salud...more

Eleventh Circuit Refuses to Reinstate Auto Body Shop Antitrust Case that Was Dismissed on Procedural Grounds

In early December, the Eleventh Circuit Court of Appeals issued a one sentence decision refusing to reinstate the plaintiff/appellants' appeal in Parker Auto Body v. State Farm Automobile Insurance Company. The appeal had...more

European Commission Permits Insurers' "Block Exemption" from the Antitrust Laws to Expire

On December 13, the European Commission announced that it would not be renewing the "Block Exemption" from the European competition laws that insurers have enjoyed since 1992. The Exemption, which is similar in some respects...more

Anthem and Aetna Merger Trials Begin

While the election of Donald Trump as the nation's next president is clearly the biggest news in Washington over the last two months, for the insurance industry, big news has also been made at the federal district courthouse....more

Auto Body Shop Antitrust Case Crashes on Appeal; Can It Be Repaired?

Over two years ago, class action antitrust cases were commenced by numerous auto body shops against many of the largest auto insurers in the nation. In each case, the auto body shops contended that the insurers had conspired...more

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