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HTMLFTC Tastes Sweet Victory in POM Wonderful Deceptive Advertising Appeal
Timothy J. Slattery; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 30, 2015, previously published on February 17, 2015
The District of Columbia Circuit Court of Appeals handed the Federal Trade Commission a critical win on January 30, 2015 by affirming the Commission’s January 2013 decision holding POM Wonderful LLC in violation of the FTC Act for its deceptive advertisements alleging pomegranate juice and...

 

HTMLNinth Circuit Affirms FTC’s Challenge to Hospital-Physician Group Merger, While Rejecting Efficiencies and Health Care Quality Arguments
Robert G. Kidwell, Dionne C. Lomax, Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 30, 2015, previously published on February 11, 2015
In a much anticipated appellate health care antitrust decision, the United States Court of Appeals for the Ninth Circuit upheld a district court’s finding that a consummated hospital-physician group merger violated Section 7 of the Clayton Act, despite the provider-defendants’ assertion...

 

HTMLDOJ Releases Electrifying New Guidance on Standard-Essential Patent Policy
Timothy J. Slattery, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 30, 2015, previously published on February 10, 2015
The Department of Justice (the “Department” or “DOJ”) continued its multi-pronged defense of standards-setting organizations (SSOs) who adopt patent policies to prevent hold-up during licensing negotiations. Last week’s business review letter is just the latest of...

 

HTMLNo Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board
Helen J. Kim, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 26, 2015
On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state agency, was not exempt from federal antitrust laws when it sent 47...

 

HTMLAntitrust 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;
Legal Alert/Article
March 27, 2015, previously published on March 2015
In 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...

 

HTMLHealth Care Competition Follow-up Exam: Highlights from the Second FTC/DOJ “Examining Health Care Competition” Workshop
Farrah Short; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 2, 2015
Last week, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) co-hosted the second installment of their public workshop series, “Examining Health Care Competition.” Complementing last year’s focus on trends and innovation in the health care industry, this...

 

HTMLFTC Looks to Accelerate Oncology Drug Growth by Requiring Novartis to Divest Two Protein Inhibitors in Its Clinical Development Pipeline
Timothy J. Slattery, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 27, 2015
The Federal Trade Commission (“FTC”) on Monday completed its review of Novartis AG’s (“Novartis”) proposed $16 billion acquisition of GlaxoSmithKline’s (“GSK”) oncology drug portfolio with an announced consent decree that requires limited divestitures...

 

HTMLSupreme Court Limits Antitrust Immunity for Certain State Agencies
Robert B. Craig, Aaron M. Herzig; Taft Stettinius & Hollister LLP;
Legal Alert/Article
March 25, 2015, previously published on March 2, 2015
Last week, the United States Supreme Court issued an opinion that will have a broad impact on how states regulate professions through agencies and licensing boards. In North Carolina State Board of Dental Examiners v. FTC, No. 13-534, 574 U.S. &under;&under; (2015), the court ruled that the...

 

HTMLCMS Offers a New Accountable Care Organization Model
Caroline Brancatella, Whitney Magee Phelps, Nancy E. Taylor; Greenberg Traurig, LLP;
Legal Alert/Article
March 19, 2015, previously published on March 16, 2015
On March 10, 2014, the Centers for Medicare & Medicaid Services (CMS) unveiled a Request for Applications (RFA) for the Next Generation Accountable Care Organization (Next Generation ACO or Next Generation Model), to “test whether strong financial incentives for ACOs can improve health...

 

HTMLHealth System Integration and Antitrust Laws on Collision Course
Philip H. Lebowitz; Duane Morris LLP;
Legal Alert/Article
March 18, 2015, previously published on February 3, 2015
Health systems attempting to fulfill the mandate of integrating hospitals and physicians may find themselves accused of going too far. Although the Affordable Care Act, shared savings, gainsharing and other alternative payment methodologies have made integration of physicians, hospitals and other...

 


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