Jonathan Lewis

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News Flash: An Agreement Between Competitors to Limit Advertising/Marketing Violates the Antitrust Laws

By Jonathan Lewis on Posted in Uncategorized
For the second time in less than a year, the U.S. Department of Justice (DOJ) has filed an antitrust complaint against hospital systems that agreed to not advertise on billboards or in print in each other’s home county. Last time it was a number of hospital systems in Michigan. This time, it is two hospital systems … Continue Reading

Antitrust: “Doctor, Doctor, Give Me the News”*

By Jonathan Lewis on Posted in Uncategorized
Court gives Teladoc some good news in its antitrust challenge to Texas Medical Board Rule Back in April 2015, Teladoc, Inc., which provides U.S. board-certified doctors for consults via phone or online video, filed an antitrust challenge to stop a new Texas Medical Board (TMB) rule from taking effect that requires physicians to conduct an … Continue Reading

HELP! FTC Staff Steps Up to the Plate with Guidance for State Officials on Regulating Occupational Boards

By Jonathan Lewis on Posted in Uncategorized
Help, I need somebody Help, not just anybody Help, you know I need someone Help!* Answering the call from state officials seeking advice regarding antitrust compliance for state boards responsible for regulating occupations, Federal Trade Commission (FTC) Staff have stepped up to answer two questions: When does a state regulatory board require active supervision in … Continue Reading

Send Lawyers, Guns and Money:* Providers Lining Up Against Anthem/Cigna and Aetna/Humana Mergers

By Jonathan Lewis on Posted in Uncategorized
In the wake of Anthem’s proposed acquisition of Cigna and Aetna’s proposed acquisition of Humana, providers are lining up to be heard. Take the American Medical Association (AMA), for example, which is urging federal and state regulators to “take a hard look at [the] proposed health insurer mergers” and enforce the antitrust laws that “prohibit … Continue Reading

Antitrust: “One is the loneliest number that you’ll ever do”*

By Jonathan Lewis on Posted in Uncategorized
Michigan Hospital is the Lone Holdout Facing Antitrust Charges After Three Others Settle and Agree to Pay $5,000 Each Allegiance Health (Allegiance) is the lone holdout facing antitrust charges brought by the DOJ and Michigan’s Attorney General (AG). Yet despite settlements by Hillsdale Community Health (Hillsdale), Community Health of Branch County (Branch), and ProMedica Health … Continue Reading

“Ain’t Wastin’ Time No More”* — Doctors, Vets, and Lawyers in the Antitrust Crosshairs

By Jonathan Lewis on Posted in Uncategorized
Supreme Court Decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission Prompts Legal Challenges to State Professional Boards Earlier this month a Texas federal district court judge granted a motion by Teladoc, Inc. (Teladoc) for a preliminary injunction enjoining the Texas Medical Board (TMB) “from taking any action to implement, enact, … Continue Reading

“Ring my friend, I said you call Doctor Robert, day or night he’ll be there”*

Photo of Robert M. WolinBy Jonathan Lewis and Robert M. Wolin on Posted in Uncategorized
Texas Medical Board First in the Antitrust Crosshairs After Supreme Court Decision in North Carolina State Board of Dental Examiners The first lawsuit, in what may be a wave of antitrust litigation challenging professional board regulations in the wake of the U.S. Supreme Court’s decision in North Carolina State Board of Dental Examiners v. Federal … Continue Reading

State Health Regulatory Bodies Have Teeth Pulled

Photo of Robert M. WolinBy Robert M. Wolin and Jonathan Lewis on Posted in Uncategorized
Old and new regulations established by state professional boards that are composed of “active market participants” such as physicians, dentists and therapists, may be subject to antitrust challenge following the U.S. Supreme Court’s recent decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission. In most states, the boards of professional regulatory … Continue Reading

“Oh Help Me, Please Doctor, I’m Damaged”*—What Does the Future Hold for Hospital-Physician Acquisitions?

By Jonathan Lewis on Posted in Uncategorized
With the ink still drying on the Ninth Circuit’s opinion affirming the Idaho federal district court’s order requiring St. Luke’s Health System to unwind its acquisition of Saltzer Medical Group—a for-profit, physician-owned, multi-specialty group comprising approximately 44 physicians located in Nampa, Idaho—what does the decision mean for other providers? Hospitals considering future acquisitions of physician … Continue Reading

Say Ah! FTC and DOJ to Host Second Workshop on “Examining Health Care Competition

By Jonathan Lewis on Posted in Uncategorized
On February 24-25, 2015, the FTC and the U.S. Department of Justice will host their second workshop on “Examining Health Care Competition.” The workshop will take place in Washington, D.C., and will focus on recent developments related to healthcare provider organization and payment models that may affect competition in the provision of healthcare services. Specific … Continue Reading

The Beat Goes On: Antitrust Enforcement and Healthcare*

By Jonathan Lewis on Posted in Uncategorized
In one form or another, the Federal Trade Commission (FTC) has been banging the drum that there is no inconsistency between antitrust enforcement and healthcare. The latest to pick-up the drumbeat is the chair of the FTC herself, Edith Ramirez. In an article appearing in the prestigious New England Journal of Medicine (NEJM) titled “Antitrust … Continue Reading

Provider Competition Matters—Even for “Reference Pricing”

By Jonathan Lewis on Posted in Uncategorized
In a recent blog post, three Federal Trade Commission (FTC) economists splashed some cold water on advocates of “reference pricing” that seem to imply that such pricing “will increase competition between providers.”  In the FTC economists’ view, “reference pricing does not and cannot create provider competition[,] because [it] is simply a tool health insurers and … Continue Reading

Don’t Pop the Cork Just Yet—Growing Criticism of Massachusetts AG’s Settlement with Partners Healthcare Just Might Send the Parties Back to the Drawing Board

By Jonathan Lewis on Posted in Uncategorized
After touting a proposed settlement with Partners HealthCare (Partners) that supposedly would “fundamentally alter [Partners’] negotiating power for 10 years and control health costs across [Partners’] entire network,” Massachusetts Attorney General (AG) Martha Coakley is now playing defense trying to fend off criticism of the deal that just might send the parties back to the drawing board.  … Continue Reading

Buckle Up—Unwinding Phoebe Putney’s Acquisition of Palmyra Down in Georgia May End Up Being Back on the Table

By Jonathan Lewis on Posted in Uncategorized
Almost one year ago, Federal Trade Commission (FTC) agreed to settle its antitrust challenge of Phoebe Putney Health System’s (Phoebe Putney) acquisition of Palmyra Medical Center (Palmyra) without requiring divesture or any other remedial relief. That settlement came after the FTC ran the table in the Supreme Court with a unanimous decision, and convinced a … Continue Reading

Let The Rejoicing Begin, Or Not—Massachusetts AG’s Settlement With Partners Healthcare Is No Harbinger of Things to Come

By Jonathan Lewis on Posted in Uncategorized
After almost half a dozen years of investigating Partners HealthCare’s (Partners) contracting practices and its proposed acquisitions of two competing hospital systems, Massachusetts Attorney General (AG) Martha Coakley announced a “final resolution” that she says “will fundamentally alter [Partners’] negotiating power for 10 years and control health costs across [Partners’] entire network.” But before you … Continue Reading

What the WTP? The Rise of Merger Simulation in Hospital Transactions

By Jonathan Lewis and Lee Simowitz on Posted in Uncategorized
If you are a health system or hospital thinking about a potential transaction and your lawyers haven’t spoken with you about hospital merger simulation, then maybe you should be talking with someone else. What is hospital merger simulation? In recent years, the Federal Trade Commission (FTC) has come to rely more heavily on hospital merger … Continue Reading

Connecticut’s Attorney General Wants to Know in Advance if You Are Going to Join Forces With a Healthcare Provider

By Jonathan Lewis and Lee Simowitz on Posted in Uncategorized
Editor’s Note:  This post originally appeared on BakerHostetler’s Antitrust Advocate blog. Back in early 2013, Connecticut’s Attorney General (AG) formed a “Health Care Competition Working Group” within his office to examine the potential impact of horizontal mergers (e.g., hospital to hospital) and vertical provider acquisitions (i.e., hospitals buying up physician practices) “may have on the … Continue Reading

Pharmaceutical Association Calls Out FTC in Filing Seeking to Enjoin New Rule Targeting the Industry

By Jonathan Lewis and Lee Simowitz on Posted in Uncategorized
Editor’s Note:  This post originally appeared on BakerHostetler’s Antitrust Advocate blog. Last November, the Federal Trade Commission (FTC) with the “concurrence” of the Antitrust Division of the Justice Department, and over the strenuous objection of Pharmaceutical Research and Manufacturers of America (PhRMA), issued final changes to the Hart-Scott-Rodino Act premerger notification rules limited solely to … Continue Reading

FTC Victory in Idaho Hospital-Physician Acquisition Case Should be a Wake-Up Call for Future and Past Deals

By Jonathan Lewis and Lee Simowitz on Posted in Uncategorized
Editor’s Note: This post originally appeared on BakerHostetler’s Antitrust Advocate blog. The ink is still drying on the Idaho federal district court’s order requiring St. Luke’s Health System (“St. Luke’s”) to unwind its acquisition of Saltzer Medical Group (“Saltzer”) – a for-profit, physician-owned, multi-specialty group comprising approximately 44 physicians located in Nampa, Idaho.  But hospitals considering future … Continue Reading

NY Governor Signs “Unprecedented” Legislation Allowing Public Healthcare Provider “a Blank Check to Engage in a Huge Swath of Anticompetitive Activities With No Oversight” — Will Other States Follow?

By Jonathan Lewis and Lee Simowitz on Posted in Uncategorized
Despite vocal opposition from New York State Attorney General Schneiderman’s office, New York Governor Cuomo signed legislation this week authorizing Nassau Health Care Corporation (NuHealth) — a public healthcare provider that operates a hospital, skilled nursing facility and several community health centers located in Nassau County, Long Island, New York — to “engage in arrangements, … Continue Reading

Provider Healthcare Merger Retrospective on the Horizon at FTC – Again?

By Jonathan Lewis and Lee Simowitz on Posted in Uncategorized
With the first week in the Federal Trade Commission’s (FTC) and Idaho attorney general’s antitrust trial challenging St. Luke’s Health System’s (St. Luke’s) acquisition of the Saltzer Medical Group (Saltzer), a for-profit, physician-owned, multispecialty group comprising approximately 44 physicians located in Nampa, Idaho, already in the books, a lot more is at stake than just … Continue Reading

Game Over — “Unique Circumstances” End FTC Challenge to Phoebe Putney Acquisition

By Jonathan Lewis and Lee Simowitz on Posted in Uncategorized
After running the table in the Supreme Court with a unanimous decision and then convincing a district court judge in Georgia to halt further consolidation of Phoebe Putney Health System (Phoebe Putney) and Palmyra Medical Center (Palmyra), the Federal Trade Commission (FTC) recently agreed to settle its antitrust challenge of Phoebe Putney’s acquisition of Palmyra … Continue Reading

FTC Investigations of Provider Healthcare Transactions: Am I at Risk?

By Jonathan Lewis and Lee Simowitz on Posted in Uncategorized
A recent article published in the Antitrust Law Journal titled “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to an FTC commissioner who reviewed nonpublic information on the decisions to investigate proposed transactions for the period August 2008 to August 2012, sheds light on the types of … Continue Reading

Is the FTC Setting Its Sights on Consummated Hospital and Physician Mergers?

By Jonathan Lewis and Lee Simowitz on Posted in Uncategorized
The past is never dead. It’s not even past. -William Faulkner Speaking at an American Bar Association symposium titled “Retrospective Analysis of Agency Determinations in Merger Transactions,” Federal Trade Commission (FTC) Chairwoman, Edith Ramirez, highlighted the FTC’s successful track record challenging transactions, but also noted “growing concern” that hospital acquisitions of physician groups are having … Continue Reading
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