Tag Archives: antitrust

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

Pharmaceutical Life Cycle Management: Navigating the New IP, FDA, and Antitrust Terrain

Photo of BakerHostetlerBy BakerHostetler on Posted in Uncategorized
Efforts to extend the life cycle of pharmaceutical products frequently involve innovations and improvements in product design, formulation, route of administration and treatment indications. In addition, negotiation of agreements with competitors, including generic and biosimilar manufacturers, is frequently employed as part of a life cycle management strategy. However, recent changes in patent, regulatory, and antitrust … 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

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

“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

Lee Simowitz Discusses Antitrust in the Healthcare Industry

Photo of BakerHostetlerBy BakerHostetler on Posted in Uncategorized
BakerHostetler partner Lee Simowitz spoke as part of the panel, “Negotiating the antitrust minefield,” during Modern Healthcare’s Virtual Conference and Expo, “Building Tomorrow’s Delivery Model: Forging a Path to Value,” on October 15. The Affordable Care Act is driving ever-increasing rates of consolidation in the healthcare industry. But even as hospitals and health systems explore … 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

A Look Back at 2013

Photo of BakerHostetlerBy BakerHostetler on Posted in Uncategorized
In this posting: A Look Back at 2013 Antitrust and Competition Policy, Advocacy and Legislative Strategy Development FDA and Life Sciences Privacy and Data Protection Enforcement and Compliance Transactions and Finance Reimbursement, Licensing and Certification Fraud and Abuse Laws Tax-Exempt Organizations Honors and Recognition Was it the number 13? There’s an old superstition about the … 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

Webinar to Offer Lessons Learned From FTC Investigations and Challenges of Healthcare Provider Transactions

Photo of BakerHostetlerBy BakerHostetler on Posted in Uncategorized
Join BakerHostetler antitrust attorneys for an in-depth look at FTC investigations into hospital and physician transactions. The webinar will take place on Wednesday, February 26, 2014, from 12:30 p.m. – 1:30 p.m. ET. Topics will include: —Insights from a former FTC Commissioner involved in nearly 30 healthcare enforcement actions while at the Commission —Latest statistics … Continue Reading
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