• 12.19.18

    DOJ Suit Over Steering Restrictions Ends in Settlement

    On November 15, 2018, the Antitrust Division of the Department of Justice (DOJ) announced that it had settled its suit against Atrium Health over the imposition of “anti-steering” and “anti-transparency” restrictions in Atrium’s contracts with insurers.

  • 12.19.18

    FTC Steps Back From MA Hospital Mega-Merger

    Late last month the Federal Trade Commission (FTC) closed its investigation of the proposed merger of several major healthcare institutions in eastern Massachusetts.

  • 12.19.18

    New Webinar: ACOs, IPAs, CINs, PHOs: Legal Issues Behind the Acronyms

    What’s in a name? There is considerable overlap in the nature and goals of the “alphabet soup” of network structures—Accountable Care Organizations (ACOs), Independent Practice Associations (IPAs), Clinically Integrated Networks (CINs) and Physician Hospital Organizations ...

  • 10.23.18

    Vertical Mergers: A Road Map for Success in Healthcare Consolidation

    Over the last month, the Department of Justice Antitrust Division (DOJ) cleared Cigna Corp.’s $67 billion acquisition of Express Scripts Holding Co. with no conditions and CVS Health Corp.’s $69 billion merger with Aetna Inc. with the divestiture of Aetna’s Part D prescription ...

  • 10.10.18

    Card Networks and Merchants Reach New Settlement Terms

    Will the second time be the charm? Two credit card networks and merchants representing the class suing them reached a revised agreement to put an end to a 13-year-old antitrust class action concerning the interchange fees merchants must pay and the card network rules imposed on merchants.  

  • 09.25.18

    Third Circuit Revives Antitrust Claim Against Blues

    A recent Third Circuit decision highlights the potential pitfalls of policy-setting by associations made up of competing entities.

  • 07.19.18

    The Supreme Court’s American Express Decision and Healthcare Steering

    On June 25, 2018, the Supreme Court held that American Express Co.’s “non-discrimination” rules that prevented merchants from steering customers to other credit card brands do not violate the federal antitrust laws.

  • 06.20.18

    Highlights From the ABA/AHLA Antitrust in Healthcare Conference

    On May 17–18, 2018, the American Bar Association (ABA) and American Health Lawyers Association (AHLA) hosted their biannual Antitrust in Healthcare Conference in Arlington, Virginia.

  • 05.22.18

    Hospital’s Antitrust Claims Against BCBS Survive Summary Judgment

    When does an insurer’s hard-core negotiation strategy cross the line and become an antitrust violation?

  • 04.23.18

    Physicians’ Employment Agreements Raise Antitrust Concerns

    Earlier this month, a physician group sued a healthcare system in North Carolina state court, accusing it of monopolization by including overly restrictive covenants in physicians’ employment agreements, thereby preventing the physicians from leaving and practicing independently.