In Short
The Situation: The Federal Trade Commission
("FTC") recently filed a rare monopolization case,
alleging that a health information technology company illegally
monopolized two e‑prescribing markets.
The Impact: The FTC continues to aggressively
enforce the antitrust laws in the health care industry. Contracts
that the FTC believes unfairly lock in customers and harm
competitors are likely to receive scrutiny.
Looking Ahead: The outcome of this case may
help clarify when conduct such as exclusivity, loyalty discounts,
or non-compete clauses violate the antitrust laws. This case also
signals the FTC's interest in developing law in two-sided
markets following the Supreme Court's American Express decision
in which the Court held that proof of harm in both sides of a
market must be shown.
