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Sherman Act Competition Hospitals

Troutman Pepper Locke

Cardiology Monopolization Case Confirms Antitrust Laws Protect Competition, Not Competitors

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Confirming the bedrock principle that the antitrust laws are designed to protect competition and not individual competitors, a federal court put an end to a legal turf war over the cardiology market in Laredo, TX on January...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

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The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Stevens & Lee

Tying, Tiering, Steering and Gag Clause Issues Front and Center Again

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We previously reported on several cases involving successful antitrust challenges to proposed hospital mergers involving Hackensack Meridian Health System and Englewood Hospital in Bergen County New Jersey; RWJ Barnabas...more

Robins Kaplan LLP

[Webinar] Health Care Antitrust Under President Biden 2.0 - Almost One Year In: What Have We Learned About The Democrats’ Approach...

Robins Kaplan LLP on

In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust under...more

Troutman Pepper Locke

Sixth Circuit Reverses Antitrust Preliminary Injunction Ordering Health Insurer to Keep Hospital in Its Network

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Introduction - On August 10, the Sixth Circuit issued its opinion in St. Luke's Hospital et al. v. ProMedica Health System, Inc., reversing an unusual preliminary injunction under Section 2 of the Sherman Act that ordered...more

Hogan Lovells

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Spring 2019

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Read the latest news on antitrust, competition and economic regulation (ACER) in this Spring's edition of our quarterly ACER newsletter. ...more

Epstein Becker & Green

Definition of “Relevant Market” Is Fact-Intensive

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Violations of the Sherman Act generally require a demonstration of market power in the “relevant market.” The relevant market has two components—the relevant product market and the relevant geographic market....more

Holland & Knight LLP

Healthcare Law Update: May 2018

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Enforcement - OIG Issues Advisory Opinion on Provision of Samples by a Device Distributor - On April 30, 2018, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a...more

Akerman LLP - Health Law Rx

Reversal of Fortune: Rhode Island Court Withdraws “Tentative” Decision to Grant Summary Judgment to Health Insurer in Health...

In what was a surprise result, on April 23, Judge William Smith (Chief Judge of the District of Rhode Island) reversed the “tentative” decision he had announced last November, in Stewart Health v. Blue Cross & Blue Shield of...more

Holland & Knight LLP

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

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As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Mintz

Antitrust Suit Against Michigan Hospital Moves Forward As Both Sides Denied Summary Judgment

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A federal district court denied summary judgment motions brought by both sides in the government’s antitrust suit against a Michigan hospital alleging an agreement not to compete in violation of Section 1 of the Sherman Act....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

Faegre Drinker Biddle & Reath LLP

Insurer Escapes Antitrust Suit, But Hospital Must Continue the Fight

A large regional health insurer extricated itself from an antitrust suit, leaving the dominant local hospital to square off alone versus an ambulatory surgical center (ASC). The U.S. District Court for the Southern District...more

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