The U.S. Department of Health and Human Services (HHS)—through the Centers for Medicare & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC)—recently published a...more
Antitrust concerns about hospital mergers have historically focused on mergers of hospitals that compete for patients in the same local market....more
In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements (collectively, the “Statements”) that have served for...more
When the Federal Trade Commission (FTC) makes a determination to challenge a hospital transaction, the FTC first seeks injunctive relief from the relevant federal district court, requesting that the court prohibit the...more
Hospital transactions, including acquisitions and mergers, that meet Hart-Scott-Rodino (HSR) thresholds must, subject to any available exception, be reported to the Federal Trade Commission (FTC) and the Antitrust Division of...more
We’re beginning to see how mergers and acquisitions in the hospital industry are being impacted by President Biden’s executive order promoting competition in the American economy. The Federal Trade Commission recently...more
Unlawful tying occurs when an entity with market power in one product (the “tying” product) agrees to sell that product but only on the condition that the buyer also agrees to buy a second product (the “tied” product), or at...more
Violations of the Sherman Act generally require a demonstration of market power in the “relevant market.” The relevant market has two components—the relevant product market and the relevant geographic market....more
The Statements of Antitrust Enforcement Policy in Health Care (“Policy Statements”), issued jointly by the Department of Justice and Federal Trade Commission, provide, at Statement 3, guidelines for evaluating whether a joint...more
Statement 1 of the Statements of Antitrust Enforcement Policy in Health Care recognizes that small hospitals, particularly those in rural areas, may be unable to achieve cost savings through efficiencies, such as those that...more
The Non-Profit Institutions Act provides an exemption from the Robinson-Patman Antidiscrimination Act by permitting the sale of discounted drugs to “schools, colleges, universities, public libraries, churches, hospitals, and...more
8/9/2018
/ Churches ,
Educational Institutions ,
Federal Trade Commission (FTC) ,
Healthcare Facilities ,
Hospitals ,
Libraries ,
Non-Profit Hospitals ,
Nonprofits ,
Pharmaceutical Industry ,
Prescription Drugs ,
Price Discrimination ,
Robinson-Patman Act
Last week, Barry Nigro, the Deputy Assistant Attorney General (“DAAG”) of the U.S. Department of Justice (“DOJ”), delivered a keynote address at the 2018 Antitrust in Healthcare Conference, co-sponsored by the American Bar...more
On April 11, 2018, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) released their 40th Annual Hart-Scott-Rodino Report (“HSR Report”) detailing merger enforcement activity in fiscal year 2017...more
On February 24-25, 2015, the Federal Trade Commission (“FTC”) and Antitrust Division of the Department of Justice (“DOJ”) co-hosted a second public workshop as part of the “Examining Health Care Competition” series to study...more
4/15/2015
/ ACOs ,
Affordable Care Act ,
Antitrust Division ,
Centers for Medicare & Medicaid Services (CMS) ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Fee-for-Service ,
Health Care Providers ,
Health Insurance ,
Health Insurance Exchanges ,
Healthcare ,
Hospitals
On November 7, 2014, the Antitrust Division of the U.S. Department of Justice (“DOJ”) reached a $5 million settlement with Flakeboard America Limited (“Flakeboard”), its foreign parents, and SierraPine to settle allegations...more
1/8/2015
/ Antitrust Provisions ,
Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Disgorgement ,
Due Diligence ,
Enforcement Actions ,
Flakeboard America ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Hospitals ,
Sherman Act ,
Waiting Periods