On April 22 the Supreme Court held in AMG Capital Management, LLC v. FTC that the Federal Trade Commission (FTC) does not have authority under the Federal Trade Commission Act Section 13(b) to seek, nor a court to award,...more
Almost as soon as the COVID-19 outbreak began, public officials and media outlets raised concerns over price gouging. While price-gouging statutes and regulations are not new, they are invoked rarely because they apply only...more
On March 24, the Department of Justice and the Federal Trade Commission released a joint statement that provided guidance to companies interested in collaborating on efforts to “protect the health and safety of Americans...more
3/25/2020
/ Antitrust Provisions ,
Bulk Purchasing ,
Competition ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health and Safety ,
Price Gouging ,
Price-Fixing ,
Research and Development ,
Supply Chain
Federal agencies have long wielded a set of enforcement tools not explicitly provided for by statute. Restitution—used by the Federal Trade Commission (FTC) to secure billions from defendants—and disgorgement—the Securities...more
11/7/2019
/ Corporate Counsel ,
Disgorgement ,
Enforcement Authority ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Kokesh v SEC ,
Section 5 ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Unfair or Deceptive Trade Practices
The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a...more
9/19/2019
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Arbitration ,
Arbitration Agreements ,
Biologics ,
Class Action ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Direct Purchasers ,
Drug Pricing ,
Life Sciences ,
Manufacturers ,
Monopolization ,
Motion to Compel ,
Pharmaceutical Industry ,
Prescription Drugs ,
Sales & Distribution Agreements ,
Sherman Act
On September 9, in a setback for AseraCare but an overall win for hospice providers, the Eleventh Circuit affirmed a Northern District of Alabama decision to grant a new trial in a False Claims Act (FCA) case against...more
9/13/2019
/ Bifurcation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Expert Witness ,
False Billing ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare Fraud ,
Hospice ,
Insurance Fraud ,
Life Sciences ,
Medicare ,
Objective Falsity ,
Physician Medicare Reimbursements ,
Physicians ,
Professional Liability ,
Remand ,
Scienter ,
Statistical Analysis ,
Sua Sponte ,
Terminal Illness Treatments ,
Whistleblowers
On July 11, the U.S. Department of Justice rolled out a new policy to encourage stronger corporate antitrust compliance efforts. Announced by DOJ Antitrust Division head Makan Delrahim in remarks at the New York University...more
7/18/2019
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Cartels ,
Compliance Management Systems ,
Corporate Culture ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Leniency Programs ,
Regulatory Reform ,
Rulemaking Process ,
White Collar Crimes
On May 13, 2019, in a 5-4 decision, the U.S. Supreme Court rejected the views of the U.S. Solicitor General, the Department of Justice’s Antitrust Division, and the Federal Trade Commission when it kept alive a putative class...more
5/17/2019
/ Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Apple ,
Direct Purchasers ,
Illinois Brick ,
Indirect Purchasers ,
iPhone ,
Mobile Apps ,
Monopolization ,
Price-Fixing ,
State Antitrust Claims ,
The Clayton Act
A unanimous Third Circuit panel recently held that Section 13(b) of the Fair Trade Commission Act (FTC Act) — which provides a mechanism for the FTC to proceed directly to federal court to enjoin allegedly unlawful conduct...more
On August 16, the Third Circuit gave the plaintiff a pass for failing to pursue evidence necessary to determine whether its proposed class was ascertainable and took the opportunity to clarify that affidavits may be used, at...more
8/22/2017
/ Advertising ,
Affirmative Defenses ,
Ascertainable Class ,
Automotive Loans ,
Car Dealerships ,
Class Action ,
Class Certification ,
Consumer Lenders ,
Discovery ,
TCPA ,
Unsolicited Faxes
One year after the Supreme Court changed the False Claims Act landscape, FCA litigants continue to grapple with the “demanding” materiality standard set forth in Universal Health Services v. United States ex rel Escobar. Now...more
A recent circuit court decision will be a welcome development for False Claims Act defendants because it reinforces a significant pleading hurdle for claims to proceed, with the court citing lack of government intervention as...more
To prevail in a product-hopping case, a plaintiff must be prepared to establish both monopoly power and anticompetitive effects.
On September 28, a unanimous panel of the U.S. Court of Appeals for the Third Circuit...more
10/6/2016
/ Anti-Competitive ,
Appeals ,
Generic Drugs ,
Hatch-Waxman ,
Mylan Pharmaceuticals ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Hopping ,
Sherman Act ,
Summary Judgment ,
Warner Chilcott
The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit.
On September 13, a divided panel of the U.S. Court of Appeals for...more
9/16/2016
/ Antitrust Litigation ,
Appeals ,
Class Action ,
Class Certification ,
Delay Claims ,
Direct Purchasers ,
FRCP 23 ,
Generic Drugs ,
Joinder ,
Numerosity ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Predominance Requirement ,
Prescription Drugs ,
Vacated
In a recent clash between contract principles and the mootness doctrine, contract principles won. Relying on traditional contract principles, the U.S. Supreme Court issued a 6–3 decision on January 20, holding that an...more
On January 13, 2016, the Federal Trade Commission (FTC or the Commission) released an overview of the pharmaceutical patent settlements filed with the Commission in Fiscal Year 2014 (October 1, 2013 – September 30, 2014). The...more
During this webinar, panelists examined recent developments in antitrust law and discuss the potential impact on health care providers.
Key topics included:
• Trends in health care competition after the ACA, with a focus...more
On February 25, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 2015 U.S. LEXIS 1502 (2015). In the 6–3 opinion, the Court held that an action taken by...more
In a split decision, the U.S. Court of Appeals for the First Circuit affirmed the certification of a class of indirect purchasers who allege that they paid inflated prices for the heartburn drug Nexium. In re Nexium Antitrust...more
On December 22, 2014, the Federal Trade Commission (FTC or the Commission) released an overview of pharmaceutical patent settlements filed with the Commission in Fiscal Year 2013 (October 1, 2012–September 30, 2013). The FTC...more
Three recent cases offer guidance to health care entities in Pennsylvania and New Jersey regarding the discovery of documents created in connection with peer reviews, quality of care reviews and adverse event investigations...more
On August 26, the United States Court of Appeals for the Third Circuit affirmed the District Court’s dismissal of the Fair Labor Standards Act (FLSA) overtime claims brought against a myriad of health care systems and their...more
A United States district court judge sitting in the District of New Jersey has held that only patent litigation settlements involving monetary payments from branded to generic pharmaceutical manufacturers are subject to the...more