Healthcare Antitrust Enforcement Outlook with Former DOJ Antitrust Prosecutor and Strike Force District Leader
Jones Day Presents: Antitrust, Collusion, and Blockchains
Last month, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) jointly hosted a public meeting of the interagency “Strike Force on Unfair and Illegal Business Practices.” The meeting was a continuation of...more
DOJ recently formed the Antitrust Division’s (the “Division”) Task Force on Health Care Monopolies and Collusion (“HCMC”), signaling anticompetitive activity in health care markets as an enforcement priority....more
After more than a year of scrutiny and commenting on lawsuits brought by others, the Department of Justice (“DOJ”) finally entered the algorithmic price-fixing fray in its own right. On August 23, 2024, DOJ, along with eight...more
There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more
It has been almost two years since private plaintiffs initiated the first antitrust class action cases against RealPage and owners and managers of multifamily apartment buildings, alleging collusion by algorithm in the use of...more
In the midst of increased focus of federal enforcers and courts on application of antitrust laws to developing technology, the U.S. Department of Justice (DOJ) filed an antitrust lawsuit on Friday accusing RealPage Inc., a...more
The U.S. Department of Justice’s Antitrust Division has intensified its scrutiny of healthcare platforms that integrate doctors with insurers, data, and other assets. Assistant Attorney General Jonathan Kanter described this...more
The U.S. Department of Justice (“DOJ”) recently announced the creation of the Health Care Monopolies and Collusion Task Force (the “HCMC Task Force”) aimed at resolving antitrust issues in the health care industry. ...more
On May 9, 2024, the Antitrust Division of the Department of Justice (DOJ) announced a new Task Force on Health Care Monopolies and Collusions (HCMC). Comprised of civil and criminal prosecutors, economists, healthcare...more
On May 9, 2024, the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced a new task force to address “pressing antitrust problems in health care markets.” This new initiative, named the Task Force on Health Care...more
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more
On May 9, 2024, the U.S. Department of Justice’s Antitrust Division (DOJ) announced it is “upping [its] game” on health care enforcement through the Task Force on Health Care Monopolies and Collusion (HCMC). The most recent...more
On May 9, the Department of Justice’s (DOJ) Antitrust Division announced the creation of a new task force, the Task Force on Health Care Monopolies and Collusion (HCMC), focusing on antitrust enforcement in the healthcare...more
On May 9, 2024, the DOJ announced the formation of a new task force on health care monopolies and collusion (the HCMC Task Force) that will “guide the division’s enforcement strategy and policy approach in health care,...more
The US Department of Justice’s (DOJ) announcement of the formation of a new healthcare task force signals an even stronger emphasis on addressing competition issues in the healthcare industry. Large, multisided platforms...more
In 2019, the Department of Justice created the Procurement Collusion Strike Force (PCSF or Strike Force), a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government...more
For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more
With great promise comes great scrutiny. As artificial intelligence (“AI”) has become part of industries’ and individuals’ daily repertoire, it has also come under focus by antitrust regulators. The DOJ, in its so-called...more
The third quarter of 2023 was eventful for both domestic and international cartel enforcers. In the United States, the Department of Justice (DOJ) continues to revamp policies to sharpen its enforcement efforts. On...more
The United States Department of Justice (DOJ) actively enforces the Sherman Act within the U.S. and internationally. Generally described, the Sherman Act is a powerful statutory scheme designed to prohibit anti-competitive...more
This checklist outlines antitrust considerations for the use of artificial intelligence (“AI”) technology. Practices involving AI that could give rise to antitrust risk include algorithmic collusion, exclusionary practices...more
At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more
It has been another busy year for the Department of Justice’s Procurement Collusion Strike Force (PCSF). Formed in 2019, the Department of Justice created the PCSF, a joint law enforcement effort to combat antitrust crimes...more
Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more
The Department of Justice (DOJ) lost its third jury trial in its mission to secure criminal convictions against companies and executives accused of labor-side antitrust violations on March 22, 2023, when a jury in Maine...more