ArticleAfter The Deal, Is It Still Business As Usual?According to Federal Trade Commission Chairwoman Edith Ramirez, the healthcare sector will "remain a top agency priority." United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleAnti-Steering Lawsuit Against Carolinas Healthcare Survives Preliminary Motion For Judgment On The PleadingsThe Complaint alleged that Carolinas Healthcare insisted on contract provisions with payors that limited or prohibited steering to lower-cost providers. United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleAnti-Steering Restrictions In Payor Contracts Face Antitrust Challenge By DOJ And NCA 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.United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleAntitrust Class Action Against The American Osteopathic Association Survives Motion To DismissA New Jersey district court recently denied a motion to dismiss Talone, et. al. v. The American Osteopathic Association, an antitrust class action. United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleConnecticut Requires Pre-Acquisition Notice Of Physician Practices And HospitalsConnecticut requires prior notification of any transaction that will result in a material change of the business or corporate structure of a medical group practice. United StatesFood, Drugs, Healthcare, Life SciencesMcGuireWoods LLP
ArticleCourt Rules Antitrust Claim May Proceed Against CelgeneA federal district court in New Jersey found that Mylan Pharmaceuticals, Inc. alleged facts sufficient to plead an antitrust claim under Section 2 of the Sherman Act against defendant, Celgene Corporation.United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleDiane Hazel Publishes Article On Antitrust Concerns Of Private Equity Investment In Health Care PracticesFoley & Lardner LLP partner Diane Hazel authored the Medical Economics article, "Private equity investments in physician practices draw regulatory scrutiny," exploring the growing concern among...United StatesFood, Drugs, Healthcare, Life SciencesFoley & Lardner LLP
ArticleDOJ Announces Roundtable Series On Competition And DeregulationThe DOJ Antitrust Division recently announced plans to hold a series of public roundtable discussions to analyze the relationship between competition and regulation, and its implications for antitrust enforcement policy.United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleExclusive Network Agreements Gets Stamp Of Approval From Seventh CircuitIn an opinion written by Judge Posner, the Seventh Circuit on Friday, June 9, 2017...United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleFTC And DOJ Host Workshop On Health Care CompetitionOn February 24 and 25, 2015, the FTC and DOJ will host the second public workshop in their series entitled, "Examining Health Care Competition." United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleFTC Review Of Medtronic Acquisition Focuses On Future CompetitionThe Federal Trade Commission continues to analyze relevant products that have not yet been introduced into the market in its merger analysis. United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleFTC’s Ninth Circuit St. Luke’s Win Deals A Blow To Efficiency Defenses In Health Care Merger CasesThe United States Court of Appeals for the Ninth Circuit recently upheld a district court’s finding that a consummated hospital-physician group merger violated Section 7 of the Clayton Act.United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleKissing Camels Antitrust Suit Clears The Hump Of Summary JudgmentIn June, an antitrust suit brought by plaintiff ambulatory surgery centers ("ASCs") against a health system, health insurers, and a trade association survived a motion to dismiss.United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleNavigating An FTC Drug Pricing InvestigationAntitrust Associate Amanda Hamilton published an article in FDLI's Update Magazine for the January-February 2018 Issue entitled "Navigating an FTC Drug Pricing InvestigationUnited StatesFood, Drugs, Healthcare, Life SciencesHaug Partners
ArticleNew York Medicaid Redesign Program May Be AnticompetitiveIn an April 22, 2015 letter to the New York State Department of Health, the Federal Trade Commission cautioned that part of the state’s Medicaid reform program may sanction anticompetitive behavior.United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleStrategies For Efficiently Obtaining Antitrust ClearanceThe health care industry remains an enforcement priority for the Federal Trade Commission ("FTC"). United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleThird Circuit Affirms Dismissal Of Exclusive Dealing Antitrust Suit Against Hospital And Physician GroupThe Third Circuit affirmed a lower court's dismissal of a suit filed by a hospital alleging an illegal exclusive dealing arrangement by a competing hospital and physician group.United StatesFood, Drugs, Healthcare, Life SciencesMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
VideoVertical Deals In Healthcare: Key Antitrust Takeaways (Video)As the healthcare sector continues to grapple with the COVID-19 pandemic, it will face increased antitrust scrutiny from the Biden administration, with the Federal Trade Commission (the "FTC")...United StatesFood, Drugs, Healthcare, Life SciencesSheppard
PodcastMoFo Perspectives: MoFo Competition: Key Risks Government Contractors Are Facing Under DOJ's Heightened Procurement Scrutiny (Part 1) (Podcast)In the first episode of this two-part MoFo Perspectives podcast, Morrison Foerster Global Antitrust attorneys Bonnie Lau and Joseph Charles Folio speak with Kevin Mullen of the Government Contracts and Public Procurement Group, ...United StatesGovernment, Public SectorMorrison Foerster
ArticleHunton Insurance Recovery Blog: Optimizing Antitrust Coverage In Private Company D&O PoliciesHunton Andrews Kurth LLP partner Lorie Masters, partnering with insurance broker Marsh and others, analyzed the often complex issues raised by the insurance coverage actions posed by actionsUnited StatesInsuranceHunton Andrews Kurth LLP