News & Analysis as of

State Action Doctrine Federal Trade Commission

Feds Come Out Against Seattle’s Law to Unionize Rideshare Drivers

by Fisher Phillips on

The gig economy just got a strong ally in its fight to remain union-free: the federal government. The latest development in the ongoing saga involving an attempt to put into place the nation’s first unionization law that...more

FTC Encourages VA to Adopt Proposed Rule Preempting State Laws to Allow Advanced Practice Registered Nurses to Provide Services...

by McDermott Will & Emery on

On July 25, 2016, the Federal Trade Commission (FTC) submitted comments to the Department of Veterans’ Affairs (VA) supporting a proposed rule only affecting VA facilities that would authorize Advanced Practice Registered...more

Proposed West Virginia Hospital Merger Could Have Nationwide Effects

West Virginia recently passed legislation aimed at shielding an in-state hospital merger from antitrust review by the Federal Trade Commission, and if the West Virginia Health Care Authority and West Virginia Attorney General...more

The FTC's Three Current Hospital Merger Challenges: Will the FTC Ever Lose?

by Baker Ober Health Law on

Beginning with the Federal Trade Commission’s 2007 decision in Evanston Northwestern Healthcare Corp., holding that a hospital merger in the North Chicago suburbs violated the antitrust laws, the FTC has experienced...more

FTC Issues State Action Guidance for State Regulatory Boards

by Epstein Becker & Green on

On October 14, 2015, the Federal Trade Commission (“FTC”) issued guidance on how state regulatory boards can regulate their professions without running afoul of the antitrust laws (“Guidance”). The Guidance was issued in...more

FTC Provides Guidance on State Regulatory Board Antitrust Liability Following Supreme Court Decision

Earlier this year, we covered the Supreme Court’s decision in North Carolina State Board of Dental Examiners v. FTC, which held that a state regulatory board composed of “active market participants” was not immune to federal...more

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

Open Season on Provider-controlled Licensing Boards

by Baker Ober Health Law on

In a closely followed decision with significant consequences for state licensing boards and their members, the Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101...more

Privacy & Cybersecurity Update - March 2015

In This Issue: - Dismissal in P.F. Chang’s Data Breach Case Shows Challenge Plaintiffs Face in Such Actions - Eleventh Circuit Court of Appeals Decision Underscores the Need to Evaluate Insurance Programs for Cyber...more

Antitrust “State Action” Exemption: North Carolina State Board of Dental Examiners v. Federal Trade Commission

On February 25, 2015, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, holding that a regulatory board made up of market participants is exempt from...more

Will Georgia Certificate of Need Laws Prevent the FTC from Requiring the Divestiture of Palmyra by Phoebe Putney? Health Care...

by Nexsen Pruet, PLLC on

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

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

by Nexsen Pruet, PLLC on

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

State Action Doctrine Tested by Supreme Court for Second Time in Two Years

by Baker Ober Health Law on

After nearly two decades of silence on the state action doctrine, on October 14, 2014, the United States Supreme Court heard oral argument in the Court’s second case on the subject in two years: The North Carolina Board of...more

Supreme Court’s 2014-15 Term: Antitrust Case May Impact the Activities of Alcohol Industry Public/Private Organizations

by McDermott Will & Emery on

On October 14, 2014, the United States Supreme Court heard oral argument in a case that could have significant implications for hybrid public/private “regulatory” bodies. Many such bodies, like state and local wine...more

United States Supreme Court to Revisit State Action Doctrine

by Baker Ober Health Law on

Which exercise of safeguarding the people will prevail: a State’s regulation of professionals providing services to its citizens, or the antitrust agencies’ protection of consumers against anticompetitive conduct? The United...more

State Action Doctrine At The Supreme Court: Take Two

by Pepper Hamilton LLP on

The Supreme Court has a renewed interest in the state action doctrine. After declining to clarify what types of state action are exempt from federal antitrust scrutiny for years, the Supreme Court agreed to hear its second...more

Antitrust Bulletin - Vol. 5, No. 2

by Robins Kaplan LLP on

In this Issue: - Focus On The Federal Trade Commission - Supreme Court Decision in FTC v. Actavis Provides Guidance on Pay-for-Delay - DOJ Prevails on Liability in eBooks Antitrust Case in the Southern District...more

FTC: Dentists Not Shielded From Teeth-Whitening Competition

by BakerHostetler on

In a ruling that may impact how professionals attempt to limit competition from alternative providers, the North Carolina State Board of Dental Examiners (Board) failed to convince the U.S. Court of Appeals for the Fourth...more

Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes

by Mintz Levin on

On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth...more

NC Dentists Can’t Stop Competition from Other Providers of Teeth-Whitening Services

by BakerHostetler on

The North Carolina State Board of Dental Examiners (“Board”) failed to convince the United States Court of Appeals for the Fourth Circuit that the Board’s successful effort to “expel non-dentist providers from the North...more

State Action Immunity Does Not Apply Without Clear State Policy

by Baker Donelson on

The United States Supreme Court’s recent decision in FTC v. Phoebe Putney Health System, Inc., No. 11-1160, 568 U.S. __ (2013), makes clear that a state’s authorization to act in a manner with potentially anticompetitive...more

No “Permission To Roughhouse In Market” Found: Supreme Court Unanimously Finds For The FTC In Opposing Hospital Acquisition

In an opinion that has implications for the health care industry and beyond, the Supreme Court, in Federal Trade Commission v. Phoebe Putney Health System, Inc., last month clarified the standard for exempting “state-action”...more

Supreme Court Limits State Action Immunity In Federal Trade Commission v. Phoebe Putney Health Systems

by Perkins Coie on

In a closely watched decision, a unanimous U.S. Supreme Court has reversed an 11th Circuit decision that invoked the state action doctrine to prevent the Federal Trade Commission (FTC) from challenging a state hospital...more

Supreme Court Reins in State Action Immunity

by Baker Donelson on

Last week a unanimous Supreme Court issued its highly anticipated opinion in FTC v. Phoebe Putney Health System, Inc., addressing the "State action" exemption from application of the federal antitrust laws for the first time...more

Merger-To-Monopoly Held Not Protected By State-Action Immunity

by Polsinelli on

The U.S. Supreme Court on February 19th scaled back the "state action immunity" doctrine, siding with the Federal Trade Commission on an issue that had divided the lower courts and holding that a county Hospital Authority's...more

36 Results
|
View per page
Page: of 2
Cybersecurity

"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:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.