News & Analysis as of June 27, 2025

Healthcare

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

Stevens & Lee on 5/27/2025

The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

Regulatory Capture Vitiates State Action Immunity

Sheppard Mullin Richter & Hampton LLP on 6/26/2015

The Supreme Court has ruled that when an oversight mechanism created by a State —here a State Board — is under the control of those it was supposed to be regulating (sometimes referred to by economists as “regulatory...more

No State Action Antitrust Immunity for North Carolina Dental Board: Implications for the Health Care Sector

Epstein Becker & Green on 3/18/2015

On February 25, 2015, the Supreme Court of the United States held that the North Carolina Dental Board (“Board”) was not insulated from federal antitrust liability under the so-called “state action” doctrine when it engaged...more

Supreme Court Finds that Regulatory Boards Composed of “Active Market Participants” are Subject to Antitrust Laws if Not Actively...

Patterson Belknap Webb & Tyler LLP on 2/27/2015

Yesterday, the Supreme Court issued its ruling in North Carolina State Board of Dental Examiners v. FTC, finding that North Carolina’s state board of dental examiners was subject to antitrust scrutiny under the Sherman Act...more

Supreme Court rules that state professional boards must be actively supervised to avoid federal antitrust scrutiny

Saul Ewing Arnstein & Lehr LLP on 2/27/2015

The U.S. Supreme Court, on February 25, 2015, reaffirmed that state professional boards controlled by same-profession individuals which are not "actively supervised" do not enjoy Parker v. Brown-based state action immunity...more

ProMedica and the AHA Seek Guidance from SCOTUS on Hospital Consolidations and Mergers

Cozen O'Connor on 2/9/2015

The New Year started out with a bang in the healthcare antitrust circles with ProMedica Health Systems Inc.’s (“ProMedica”) well-publicized petition to the US Supreme Court and the American Hospital Association’s (AHA) amicus...more

Supreme Court Reviews Agency Comprised of Dental Professionals in State Action Case: Health Care Antitrust Cases to Watch in 2015

Maynard Nexsen on 1/6/2015

Federal and state courts are expected to rule on several nationally watched antitrust health care cases during the first half of 2015. As we enter into the first week of the New Year, Nexsen Pruet associate Rachel...more

Orrick's Antitrust and Competition Newsletter - April 2014

Orrick, Herrington & Sutcliffe LLP on 4/9/2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

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Supreme Court of the United States › Antitrust Provisions › Healthcare

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