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|Antitrust Alert: Supreme Court Requires State Supervision of Professional Boards to Secure Antitrust Immunity|
Kenneth W. Field, Michael H. Knight, Hashim M. Mooppan, Bevin M.B. Newman, Toby G. Singer; Jones Day;
March 27, 2015, previously published on March 2015In an important decision, the U.S. Supreme Court has held that, where a state professional regulatory board is controlled by active market participants in the profession the board regulates, the board cannot claim "state action" antitrust immunity unless it is actively supervised by other...
|Antitrust Alert: U.S. Federal Court Provides Guidance on Treating Joint Ventures as a "Single Entity" for Antitrust Purposes|
Thomas Demitrack, Kathryn M. Fenton, Peter A. Julian, Toby G. Singer; Jones Day;
November 12, 2014, previously published on October 2014The United States District Court for the Southern District of Ohio has unsealed its summary judgment opinion in The Medical Center at Elizabeth Place v. Premier Health Partners. The Court granted summary judgment in favor of the defendants-four hospital systems that operated pursuant to a joint...
|U.S. Appeals Court Upholds Long-Fought FTC Challenge to Ohio Hospital Merger|
Michael A. Gleason, Toby G. Singer; Jones Day;
May 2, 2014, previously published on April 2014A U.S. appeals court has upheld an administrative determination by the U.S. Federal Trade Commission that ProMedica Health System's acquisition of St. Luke's Hospital in Toledo, Ohio, violates the antitrust laws. The U.S. Court of Appeals for the Sixth Circuit opinion is the latest chapter in the...
|FTC’s Workshop Examining Health Care Competition Covers a Variety of Notable Topics|
Alexis Slagle Gilroy, Bevin M.B. Newman, Toby G. Singer; Jones Day;
April 24, 2014, previously published on April 2014In support of efforts to reduce health care costs while concurrently increasing quality and accessibility in the health care industry, the Federal Trade Commission ("FTC") covered a number of topics relating to competition issues in the U.S. health care system during a special workshop on...
|Federal District Court Certifies Hospital Patient Class in Postmerger Antitrust Lawsuit|
Roberto C. Castillo, Michael A. Gleason, Paula W. Render, Toby G. Singer; Jones Day;
January 3, 2014, previously published on December 2013On December 10, 2013, the U.S. District Court for the Northern District of Illinois granted class certification to customers claiming that the merger of two Chicago-area hospital groups, Evanston Northwestern Healthcare Corp. (ENH) and Highland Park Hospital, resulted in higher prices for patients....
|FTC Agrees to "Unusual" Remedy in Georgia Hospital Merger|
Bevin M.B. Newman, Toby G. Singer; Jones Day;
September 2, 2013, previously published on August 2013The U.S. Federal Trade Commission has settled its long running dispute with the Phoebe Putney Health System, Palmyra Park Hospital, and the Hospital Authority of Albany-Dougherty County over the Hospital Authority's acquisition of Palmyra in Albany, Georgia. Memorialized in a consent decree, the...
|State Action Exemption Narrowed by Fourth Circuit Ruling|
Kenneth W. Field, Steven S. Nam, Toby G. Singer; Jones Day;
June 11, 2013, previously published on June 2013The Fourth Circuit Court of Appeals has ruled that North Carolina’s Dental Board cannot ban non-dentists from offering teeth-whitening service, upholding the Federal Trade Commission’s finding that the practice was anticompetitive. The ruling represents the FTC’s latest victory in...
|DOJ Challenges Hospital’s Contracts with Insurers in First Monopolization Case since 1999|
Toby G. Singer, Margaret A. Ward; Jones Day;
March 9, 2011, previously published on February 2011On February 25, 2011, the U.S. Department of Justice Antitrust Division filed its first monopolization case since 1999. DOJ, along with the Texas Attorney General, allege that United Regional Health Care System used exclusionary contracts to maintain its monopoly in the inpatient and outpatient...
|U.S. Court Rules on Premerger Exchange of Information, Highlighting Risks and Best Practices for Merging Parties|
J. Bruce McDonald, Toby G. Singer; Jones Day;
January 24, 2011, previously published on January 2011Last week the U.S. Court of Appeals for the Seventh Circuit rejected an antitrust lawsuit by institutional pharmacy Omnicare that challenged premerger planning and information exchanges between two health insurers, UnitedHealth Group and PacifiCare Health Systems. Although this decision affirmed...
|FTC Allows Teva's Acquisition of IVAX But Requires Divestitures|
Toby G. Singer; Jones Day;
February 2, 2006, previously published on January 26, 2006On January 23, 2006, the Federal Trade Commission ("FTC") announced a Consent Agreement (subject to final approval) that will allow Teva Pharmaceutical Industries Ltd. ("Teva") to acquire IVAX Corporation ("IVAX"), an acquisition valued at approximately $7.4 billion....