Third Circuit Blocks Hospital Merger in Key Victory for FTC on Geographic Market Definition

by McDermott Will & Emery
Contact

McDermott Will & Emery

In Depth

On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission (FTC) and the Commonwealth of Pennsylvania in a closely watched hospital merger case involving two Harrisburg-area health systems: Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle). Earlier in 2016, the US District Court for the Middle District of Pennsylvania denied the FTC’s motion to enjoin the proposed merger pending conclusion of an administrative proceeding. The lower court held that the agency failed to define a relevant geographic market and thus could not demonstrate a likelihood of success on the merits as required for the grant of an injunction.

The Third Circuit reversed, finding that the lower court erred in both the formulation and the application of the proper legal test to determine the relevant geographic market. The court’s decision was based on its conclusion that geographic markets in hospital merger cases are to be defined based principally on evidence from payors, and that payors had made clear that Hershey and Pinnacle needed to remain separate to ensure competitive bidding for payor contracts. The court further found that the government met its burden for a preliminary injunction and that the defenses advanced by the merging parties were inadequate to overcome the presumption that the merger would be anticompetitive. The decision provides clear guidance on the appropriate tests for determining the geographic markets in hospital mergers, while also suggesting that efficiencies claimed in many hospital transactions may face increased scrutiny in future cases.

Background

Hershey and Pinnacle (collectively, the Hospitals) both operate in the Harrisburg, Pennsylvania, area. Hershey, located in the town of the same name, is an academic medical center that offers basic care but also provides more advanced, specialized services. Pinnacle is a three-campus health system, with two facilities located in Harrisburg and a third in Mechanicsburg. It provides primary and secondary services and a limited range of more complex services. The two systems notified the FTC of their proposed merger in April 2015.

Following an eight-month investigation, the FTC filed an administrative complaint alleging that the proposed merger would substantially lessen competition for general acute care services sold to commercial insurers in a four-county area surrounding Harrisburg (the Harrisburg Area). Together with the Commonwealth of Pennsylvania, the agency subsequently filed suit in the Middle District of Pennsylvania seeking a preliminary injunction pending the resolution of the FTC’s administrative proceeding.

Following five days of hearings, the district court concluded that the government failed to properly define the relevant geographic market. Instead of focusing, as the government did, on the location of hospitals to which commercial health plans turn to create their provider networks, the district court emphasized the substantial in-migration of patients from counties outside the Harrisburg Area. Given this broad patient draw area and the district court’s view that patients in rural central Pennsylvania will typically travel significant distances for services, the court concluded that the government’s proposed geographic market was too small and unreasonably excluded important competitors.

Although this failure to define a relevant geographic market was itself fatal to the government’s motion, the district court also opined on several other arguments raised by the parties. First, the court described long-term contracts with two key insurers as “extremely compelling” evidence of the merger’s potential effects on competition. The district court stated it “simply [could not] be blind to this reality when considering the import of the hypothetical monopolist test advanced by the Merger Guidelines.” Second, the district court found that repositioning by other health systems would constrain the merging health systems. Finally, the district court credited various efficiencies claimed by the merging parties, including capital savings from a planned bed tower that would no longer be needed and an improved ability to engage in risk-based contracting.

After the district court denied the government’s motion for a preliminary junction, the government timely appealed to the Third Circuit.

Analysis

Three Flaws in the District Court’s Geographic Market Analysis

The Third Circuit soundly rejected the district court’s geographic market analysis. Noting that the definition of the relevant geographic market is an essential prerequisite of any merger analysis, the Third Circuit observed that one common method—and the standard agreed upon by the district court, government and Hospitals—used to define geographic markets is the hypothetical monopolist test, as described in the Merger Guidelines. Under this test, if a hypothetical monopolist could impose a small but significant non-transitory increase in price (SSNIP) in the proposed market, then the market is properly defined. Although the district court properly identified this test, the Third Circuit concluded that the lower court erred in both its formulation and its application of the test. Reasoning that a district court commits legal error where it applies an incomplete economic analysis or an erroneous economic theory to the facts that constitute the relevant geographic market, the Third Circuit reviewed the district court’s analysis de novo.

The court identified three distinct errors in the district court’s analysis. First, the district court failed to formulate the hypothetical monopolist test correctly. According to the district court, the key analysis was to delineate the geographic area where “few patients leave . . . and few patients enter.” This attention to patient flows explains the emphasis in the district court’s decision on the substantial in-migration to Hershey from counties outside the Harrisburg Area. However, as the Third Circuit held, this focus was “inconsistent with the hypothetical monopolist test. Rather it [was] one half of a different test utilized in non-healthcare markets to define the relevant geographic market: the Elzinga-Hogarty test.” While the court acknowledged that many courts formerly used this test, subsequent empirical research had discredited the test for determining geographic markets in the hospital sector. The court also noted that even if patient flow data were consistent with the hypothetical monopolist test, the district court did not consider patient outflow data. Undisputed evidence presented by the government showed that 91 percent of Harrisburg residents receive general acute care services in the Harrisburg Area.

Second, the district court ignored the “commercial realities” of the health care market when it focused on patient, rather than insurer, reactions to a SSNIP. Acknowledging the views of the FTC and other courts, the Third Circuit agreed that health care markets are characterized by a two-stage model of competition. First, hospitals compete to be included in a health insurer’s provider network; second, in-network providers compete to attract members of an insurer’s plans. The court found that insured patients are relatively insensitive to price fluctuations in contracts between hospitals and insurers, and cited the Hospitals’ own study showing that only 2 percent of respondents considered out-of-pocket costs in choosing a hospital. As a result, the Third Circuit found that an analysis of the effect of the SSNIP must ordinarily focus on health insurers. While the court cautioned that analysis of patient reactions may be appropriate in some circumstances, it held that the district court erred in completely disregarding the role that insurers play in the health care market.

Finally, the district court erred by basing part of its analysis of the relevant geographic market on the long-term contracts (at pre-merger prices) that the Hospitals entered into with health insurers. The Third Circuit clarified that the relevant test is not “‘the contractual constraints binding a particular plaintiff,’ but . . . whether a hypothetical monopolist could profitably impose a SSNIP.” The court held the Hospitals’ long-term agreements with insurers “have no place in the relevant geographic market analysis.” The Third Circuit also rejected the district court’s reluctance to make predictions about potential future anticompetitive effects, saying that this is “exactly what we are asked to do.”

Assessing the Government’s Likelihood of Success on the Merits

After rejecting the district court’s analysis, the Third Circuit examined whether the government met its burden to define a relevant geographic market. The court credited extensive testimony by insurers that they could not market health plans in the Harrisburg Area that did not include at least one of the merging hospitals, and that they do not consider hospitals in neighboring counties to be suitable alternatives to Harrisburg-area hospitals. The court also highlighted a natural experiment involving an insurer that unsuccessfully marketed a network that excluded the merging hospitals. Based on this evidence, the court concluded that the government had demonstrated that a hypothetical monopolist could profitably impose a SSNIP in the Harrisburg Area and that the government had properly defined a relevant geographic market. Within this geographic market, the court found a high level of market concentration, resulting in a presumption of anticompetitive effects.

The court also rejected the Hospitals’ argument that payors have sufficient bargaining leverage to defeat a SSNIP because payors can threaten to exclude the Hospitals from their networks. The court argued that whatever leverage the payors have after the merger, they have now, and that the relevant inquiry is whether the merger will cause a significant increase in the Hospitals’ bargaining leverage such that they could profitably impose a SSNIP.

The court next considered whether the Hospitals could rebut this presumption by refuting the existence of anticompetitive effects or demonstrating that any such effects would be offset by extraordinary efficiencies.

The court’s assessment of anticompetitive effects focused on alleged repositioning by competitors. Although the court acknowledged that repositioning within the Harrisburg Area lessened some of the concern posed by the proposed merger, it ultimately held that this would not constrain post-merger pricing. Health insurer testimony concerning the viability of networks that excluded the Hospitals was critical in this analysis.

With respect to alleged efficiencies enabled by the proposed merger, the court expressed substantial skepticism about the very availability of an efficiencies defense. The court nevertheless acknowledged that the Merger Guidelines and other courts of appeal have held that the defense is cognizable. Without taking a position on the availability of the defense, the court concluded that the Hospitals failed to present efficiencies that meet the requirements articulated in the Merger Guidelines.

The Hospitals claimed that the merger enabled them to avoid the expense associated with construction of a 100-bed tower necessary to alleviate capacity constraints. The court agreed that capital savings may play a role in an efficiencies defense but commented that they must “be verifiable and must not result in any anticompetitive reduction in output.” On this measure, the claimed efficiency failed. The court found that Hershey’s own efficiencies analysis showed it required only 13 additional beds to address capacity constraints. Perhaps more importantly, the court found that the ability to forego building the new tower was a reduction in output. Citing the Merger Guidelines, the court found that the FTC will not consider efficiencies that arise from anticompetitive reductions in output or service.

The Hospitals also claimed that the merger would enhance their risk-based contracting efforts. The Third Circuit also rejected this efficiency. First, it noted that the district court concluded that each system was already capable of engaging in risk contracting and therefore the efficiency was not merger-specific. Second, the Third Circuit found that, even if the merger enhanced the Hospitals’ ability to engage in risk-based contracting, they still had to “demonstrate that such a benefit would ultimately be passed on to consumers. It is not clear from the record how this would be so beyond the mere assertion that it would save the hospitals money and such savings would be passed on to consumers.”

Key Takeaways

This decision is a very strong win for the FTC. The Third Circuit largely adopted the agency’s analytical methods and arguments. Moreover, the decision underlines the importance of market definition and market concentration in litigated merger cases. Once the Third Circuit ruled that the geographic market was much narrower than that suggested by the district court, the Hospitals faced a presumption that their proposed transaction was anticompetitive based on market concentration statistics, and they were unable to rebut this presumption.

The Third Circuit’s opinion offers obvious guidance on geographic market definition in the health care setting. The clarity is significant given the uptick in agency enforcement activity in recent years. In two prior hospital merger cases litigated by the FTC, geographic market definition was uncontested. Yet some recent cases also saw the adoption and elaboration of the agency’s two-tier model of competition, with its emphasis on the importance of health insurers as the “purchasers” of general acute care services. While the Third Circuit emphasized that, in the health care context, considering the effects of price increases on patients may be appropriate, the decision provides very clear guidance on the importance of focusing first on the role of health insurers.  

Between announcement of the merger and the litigation, the Hospitals concluded long-term agreements with key payors that restricted the merged system’s ability to engage in anticompetitive practices. While the Third Circuit chastised the district court for weighing the effect of these contracts in its assessment of the relevant geographic market, it offered no guidance as to whether such agreements may mitigate the potential anticompetitive effects of a proposed merger. Health systems pursuing mergers in the future will likely continue to examine contracting options with payors that address upfront potential allegations by the FTC or others that their transaction will lead to anticompetitive effects.

The Third Circuit’s decision may also present challenges for efficiencies defenses in the future. Capital avoidance efficiencies, such as the Hershey bed tower, are common in many health care mergers, but the court’s approach may encourage other courts to view decisions to avoid new construction as an output reduction rather than an efficiency. Similarly, health systems that wish to argue that a merger enhances their ability to engage in risk-based contracting likely will need to demonstrate concrete consumer benefits in order to gain credit for such efficiencies.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McDermott Will & Emery | Attorney Advertising

Written by:

McDermott Will & Emery
Contact
more
less

McDermott Will & Emery on:

Readers' Choice 2017
Reporters on Deadline

"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.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.