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FTC

FTC Sues To Block New Jersey Healthcare Merger

The Federal Trade Commission (FTC) authorized an administrative complaint and a suit in federal court to block the acquisition of Saint Peter’s Healthcare System...
Antitrust Chronicle - Healthcare May 2022

Antitrust Chronicle™ – Healthcare

Dear Readers, More than any sector, healthcare has come under particular scrutiny in recent years. The reasons are almost too obvious to state. The pandemic;...
1- Novel Privacy Concerns in Healthcare Antitrust

Novel Privacy Concerns in Healthcare Antitrust

Healthcare antitrust practitioners are grappling with the increased value and prominence of patient data in competition. In many respects, this data can be examined...
2- PBMs: The Middlemen Who Drive up Drug Costs

PBMs: The Middlemen Who Drive up Drug Costs

Ensuring effective competition in healthcare markets is a critical priority for antitrust enforcers.  Traditionally enforcement has focused on manufacturers and providers but far too...
3- Pharmaceutical Settlements and Judicial Error

Pharmaceutical Settlements and Judicial Error

The intersection of patent and antitrust law presents challenges for courts. Some of the most complex issues have arisen in the pharmaceutical industry. What...
4- New FTC Commissioner’s Potential Impact on Healthcare Antitrust Review

New FTC Commissioner’s Potential Impact on Healthcare Antitrust Review

Alvaro Bedoya’s confirmation has restored a Democratic majority on the Federal Trade Commission.  Under a Democratic majority, FTC Chair Khan has the ability to...
5- Patients v. Hospitals: Why Define Markets At All if Every Market Satisfies the SSNIP Test?

Patients v. Hospitals: Why Define Markets At All if Every Market...

Hospital merger cases are won or lost on geographic market definition.  The Third Circuit’s recent finding that it is appropriate to define geographic markets...
6- Labor Markets in Healthcare Transactions: 
A Work in Progress

Labor Markets in Healthcare Transactions: 
A Work in Progress

"We will fight for American workers including in connection with illegal mergers that substantially lessen competition for laborers.” So said Assistant Attorney General Jonathan...
7- Evolving Antitrust Analysis of Hospital Mergers: How Differences between Patient and Insurer Perspectives Could Create “Cross-Market” Effects

Evolving Antitrust Analysis of Hospital Mergers: How Differences between Patient and...

Mergers that expand healthcare systems, even when they combine providers that are unlikely to compete for inpatient discharges, are increasingly under scrutiny. Empirical academic...
Telehealth

DOJ Sues To Block UnitedHealth’s Bid For Change Healthcare

The US Justice Department filed a lawsuit on Thursday in a bid to stop health insurer UnitedHealth Group from buying Change Healthcare, reported Reuters. The $7.84...
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