Antitrust Chronicle – The Healthcare Sector: Transatlantic Views

Antitrust Chronicle – The Healthcare Sector: Transatlantic Views

Dear Readers, The Healthcare Sector continues to be fertile ground for antitrust issues, whether in the case of hospital or pharmaceutical mergers (vertical, cross-market, etc.), pay for delay issues, patent settlements, or parallel exports, etc. CPI is pleased to present out latest Antitrust Chronicle focusing on some of these hotly discussed topics in the Healthcare […]

Navigating Vertical Mergers in Healthcare Through a Shifting Enforcement Landscape

Navigating Vertical Mergers in Healthcare Through a Shifting Enforcement Landscape

By Lisl J. Dunlop & Cristina M. Fernandez –  At the same time that vertical mergers have become more commonplace in healthcare, the way in which such deals are evaluated in the U.S. has begun to shift. In 2018 and 2019, the U.S. federal agencies litigated a vertical merger challenge to judgment for the first […]

Cross-Market Hospital Mergers: An Antitrust Theory Challenged by Facts and Law

Cross-Market Hospital Mergers: An Antitrust Theory Challenged by Facts and Law

By Jeffrey W. Brennan –  A developing economic literature focuses on price effects from mergers between non-competing hospitals. “Cross-market” mergers occur between hospitals in separate geographic markets. In nearly every analytical respect, they are unlike horizontal and vertical mergers, and neither federal antitrust agency has ever challenged such a merger. These transactions are drawing attention […]

Navigating the Backwater: Vertical Mergers in Health Care

Navigating the Backwater: Vertical Mergers in Health Care

By Thomas L. Greaney –  Antitrust enforcers are taking a second look at vertical mergers as a large body of theoretical and empirical work has undermined the economic foundations of the laissez-faire approach that has characterized government policies over the last thirty years. Health care markets, which exhibit many of the key pre-conditions for harm […]

A Stronger Second Competitor? Analyzing the Competitive Effects of the Beth Israel-Lahey Transaction

A Stronger Second Competitor? Analyzing the Competitive Effects of the Beth Israel-Lahey Transaction

By Cory Capps, Kayuna Fukushima, Tetyana Shvydko & Zenon Zabinski –  The economic literature provides little guidance into the circumstances under which eliminating existing competitors while simultaneously creating a closer second competitor to a market leader will increase competition. This issue was recently analyzed by the Massachusetts Health Policy Commission (“HPC”) in its evaluation of […]

When Providers Merge, is Kaiser a Competitor?

When Providers Merge, is Kaiser a Competitor?

By Douglas Ross, James Harlan Corning, David Maas & Douglas Litvack –  Although a federal district court twenty years ago included Kaiser hospitals as market participants when considering a merger of two non-Kaiser hospitals, the courts have not considered the matter again. But the issue remains a live one: in two recent enforcement actions, California […]

To Settle or Not To Settle? An Analysis of the Servier Patent Settlement Case and it’s Practical Implications

To Settle or Not To Settle? An Analysis of the Servier Patent Settlement Case and it’s Practical Implications

By Marie Manley & Anne Robert –  Since its inquiry into the pharmaceutical sector, the European Commission (“Commission”) has been monitoring patent settlement agreements. It adopted two infringement decisions so far, each of which was appealed and led to a judgment by the General Court (“GC”). The most recent development is the GC’s judgment in […]

The Commission’s Paper on the Obligation of Continuous Supply of Medicines and it’s Impact on Parallel Exporting Activities in The EU: A Paradigm Shift?

The Commission’s Paper on the Obligation of Continuous Supply of Medicines and it’s Impact on Parallel Exporting Activities in The EU: A Paradigm Shift?

By Gonçalo Miguel Banha Coelho –  This paper seeks to shed some light on the impact of the European Commission’s Paper obligation of continuous supply of medicines in typically parallel exporting countries. It is argued that the Commission’s initiative on this domain represents a backtracking from its previous liberal approach to arbitrage in parallel export […]