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Department of Justice (DOJ) Most-Favored Nations

MoFo Life Sciences

Biden Administration Executive Order On Promoting Competition In The American Economy: Drug Pricing And Healthcare Industry...

MoFo Life Sciences on

On July 9, 2021, President Biden enacted a sweeping executive order creating a “whole‑of-government competition policy.” Morrison & Foerster outlined the administration’s policy in a recent client alert that provides a...more

ArentFox Schiff

Investigations Newsletter: Inpatient Rehabilitation Company Agrees to Pay $48 Million to Resolve FCA

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DOJ News - Inpatient Rehabilitation Company Agrees to Pay $48 Million to Resolve FCA Allegations - DOJ announced that Encompass Health Corporation (f/k/a HealthSouth Corporation), the nation’s largest operator of...more

Mintz

DOJ and NC File Antitrust Suit Challenging Anti-Steering Restrictions in Payor Contracts

Mintz on

A popular weapon used to contain health care expenditures is the creation by payors and employers of tiered provider networks, which by differentiated co-pays attempt to steer insureds to less expensive choices. In...more

Foley & Lardner LLP

Potential Antitrust Implications of Most Favored Nation Clauses

Foley & Lardner LLP on

Both in the automotive and other industries, parties have turned to most favored nation (MFN) clauses—or clauses having the same effect—as a means to assure the lowest possible input costs. MFN clauses offer pro-competitive,...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Global Antitrust Enforcement in the Digital Age: Recent Developments in E-Commerce"

Competition authorities worldwide ramped up scrutiny of e-commerce business practices in 2015. The European Commission (Commission) launched an expansive sector inquiry in May 2015 aimed at identifying anticompetitive...more

Foley & Lardner LLP

Most Favored Nation ("MFN") Pricing Draws Scrutiny as Potential Anticompetitive Practice

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An interesting and growing debate in the antitrust arena is whether most favored nation (“MFN”) pricing provisions are pro-competitive or anticompetitive. For many years, MFN provisions have been considered a fairly...more

BakerHostetler

Most Favored Nation Clauses - State Ban Ends Antitrust Action Against Michigan Blues

BakerHostetler on

In the wake of the passage of a Michigan statute and regulatory order banning the use of most favored nation (MFN) clauses by insurers, health maintenance organizations and nonprofit healthcare corporations in contracts with...more

Morrison & Foerster LLP

When Most-Favored Is Disfavored: A Counselor’s Guide to MFNs

Originally published in the American Bar Association on April 1, 2013. The U.S. Antitrust Agencies Have turned the spotlight on most-favored-nation (MFN) clauses. The Department of Justice is currently litigating two...more

BakerHostetler

Do Not Pass Go, Do Not Collect $200: Michigan Statute and Regulatory Order Banning MFN Provisions in Provider Contracts Ends...

BakerHostetler on

In the wake of the passage of a Michigan statute and regulatory order banning the use of most favored nation (“MFN”) clauses by insurers, health maintenance organizations, and nonprofit health care corporations in contracts...more

Dickinson Wright

Tennessee Insurance Legal News - February 2013 • Volume 2, Number 1

Dickinson Wright on

In This Issue: - AUTO REPAIR TRADE ASSOCIATION REQUESTS THAT DOJ INVESTIGATE THE USE OF MOST FAVORED NATION CLAUSES BY AUTO INSURERS: Over the last several years, the use of most favored nation clauses by health...more

Dickinson Wright

Insurance Antitrust Legal News - January 2013 • Volume 2, Number 1

Dickinson Wright on

In This Issue: - Michigan Governor Vetoes Legislation Banning Health Insurers From Utilizing Most Favored Nation Clauses In Provider Contracts - DOJ Antitrust Division Approves Wellpoint’s Acquisition Of...more

Skadden, Arps, Slate, Meagher & Flom LLP

"DOJ/FTC Ask if MFNs Are Anti-Competitive, and Get an Earful"

The United States antitrust enforcement agencies — Department of Justice, Antitrust Division (DOJ) and Federal Trade Commission (FTC) — held a joint workshop this week on most-favored nation clauses (MFNs). Through a series...more

Mintz

The Antitrust Agencies’ Latest Favorite Target: MFN Clauses Highlights from the Joint DOJ-FTC MFN Workshop

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On September 10, 2012, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) hosted a public workshop exploring the uses of most-favored-nation clauses (MFNs) and their implications for antitrust enforcement...more

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