Newsletters

01.25.18

Potential Impacts on Telehealth From Net Neutrality Repeal

On December 14, 2017, the Federal Communications Commission (FCC) passed the Restoring Internet Freedom Order (RIFO), repealing the FCC’s 2015 “net neutrality” rules and shifting the responsibility for regulating the conduct of Internet service providers (ISPs) to the Federal ...


12.18.17

The Next Frontier in Hospital Mergers: Crossing Geographic Markets

With the Federal Trade Commission’s successful track record in challenging mergers of provider systems operating in the same geographic area, several hospitals are looking farther afield for merger partners.


11.21.17

Texas Medical Board Immune From Antitrust Suit

In 2015, the Supreme Court injected great uncertainty into the operation of state medical boards with its ruling in North Carolina Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), that when a state board is controlled by active market participants, that entity must be actively supervised ...


10.24.17

Tennessee Approves Ballad Health COPA Over FTC Protests

In the face of the Federal Trade Commission’s (FTC’s) string of litigation successes over the last several years challenging hospital mergers on antitrust grounds, there has been an increased focus on the potential use of state Certificate of Public Advantage (COPA) laws to gain ...


09.18.17

Boycott Claims Dismissed for Applying Per Se Standard

In 2012, MCEP, a 26-bed adult acute care hospital, sued Premier, a not-for-profit corporation formed by a Joint Operating Agreement among Atrium Health System, Catholic Health Initiatives, MedAmerica Health Systems Corporation, Samaritan Health Partners and UVMC. MCEP alleged that the defendants ...


08.23.17

By Antitrust Standards, When Is a Firm Really Failing?

The “failing firm” defense as a justification for permitting a merger that may otherwise lessen competition gets considerable play in healthcare transactions.


07.24.17

The FTC Continues to Challenge Healthcare Mergers

Confirming that hospital merger enforcement continues to be a priority under the new administration, the Federal Trade Commission (FTC) and the North Dakota Attorney General recently challenged Sanford Health’s proposed acquisition of Mid Dakota Clinic.


06.22.17

Suit Over Hospitals’ Alleged Anticompetitive Marketing Sent to Trial

Conspiracies between competitors can be hard to prove, even when other parties to the alleged conspiracy have settled.


05.24.17

Insurer Merger Saga Ends Without Guidance on Efficiency Claims

Prior to calling off its nearly two-year fight to acquire competing insurer Cigna last week, Anthem urged the Supreme Court of the United States to hear its appeal from the lower courts’ rejections of its claims of significant efficiencies from the deal.


04.25.17

The DOJ's Case Against North Carolina Anti-Steering Agreements Permitted to Proceed

The Department of Justice's (DOJ) case against Carolinas Healthcare System's (CHS) anti-steering contract clauses has survived initial attempts by CHS to dismiss the case.