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Promise Made, Promise Kept: The Justice Department Follows Through With Interlocking Directorate Enforcement

On October 19, 2022, the Antitrust Division of the Department of Justice (“DOJ”) issued a press release heralding the resignation of seven directors from ten companies’ boards of directors in response to the government’s...more

DOJ’s First Antitrust Criminal Prosecution of a Health Care Provider in 25 Years May Signal a New Era for Health Care Antitrust

Antitrust enforcement against physicians and hospitals is common, but criminal antitrust prosecutions of health care providers are very rare. There were none for over 50 years, between 1940 and 1990.  The Antitrust Division...more

Can a Dominant Health Insurer’s Refusal to Negotiate in Good Faith Be Actionable under the Antitrust Laws? Yes, Says a Federal...

On April 23, a federal court in Rhode Island fired a warning shot over the bow of dominant health insurers across the country, holding that a refusal to negotiate in good faith with a healthcare provider that focuses...more

DOJ-AmEx Case Could Have Ramifications for Health Care Providers

The U.S. Department of Justice's loss to American Express sends a message to health care providers: Steering, tiering, exclusive dealing and other contractual arrangements that appear to suppress competition in one part of...more

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