Searching Content indexed under Anti-trust/Competition Law by Ashley Fischer ordered by Published Date Descending.
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Antitrust Enforcement Update: Spotlight On Physician Transactions
At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions
United States
2 Jul 2019
Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge To Hospital Joint Operating Company's Contracting Conduct
A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis
United States
7 Jun 2019
Managing The Transition To Transformation: Antitrust Considerations When Forming Provider Contracting Networks
The goal of this series is to help organizations prepare so that they are not only competitive, but can also thrive under alternative payment models (APMs) and quality-based reimbursement models.
United States
19 Dec 2016
Third Circuit Blocks Hospital Merger In Key Victory For FTC On Geographic Market Definition
On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission and the Commonwealth of Pennsylvania...
United States
30 Sep 2016
FTC And Pennsylvania Attorney General Challenge Health System Combination
The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg, Pennsylvania.
United States
22 Dec 2015
FTC And DOJ Host Workshop Examining Health Care Competition
FTC Chairwoman Edith Ramirez confirmed that focus on health care competition remains a top FTC priority.
United States
4 Mar 2015
Ninth Circuit Affirms Divestiture Of Consummated Physician Practice Acquisition
The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system.
United States
2 Mar 2015
Perspectives From The Federal Antitrust Enforcement Agencies
At the recent Antitrust in Health Care conference in Arlington, Virginia, representatives from the Federal Trade Commission and U.S. Department of Justice Antitrust Division discussed important health care and antitrust topics.
United States
21 May 2014
Court Orders Divestiture Of Consummated Physician Practice Acquisition
In a challenge brought both by private plaintiffs and the government, a court has ruled that a health system’s acquisition of a competing physician group practice violated the antitrust laws where the transaction resulted in the health system employing 80 percent of the primary care physicians in one area.
United States
17 Feb 2014
Supreme Court Limits Availability of State Action Immunity from Federal Antitrust Liability
The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only qualify for the immunity under certain specific conditions.
United States
26 Feb 2013
FTC Issues Another Favorable Clinical Integration Program Advisory Opinion
The Federal Trade Commission Bureau of Competition stated that it has no present intention to recommend that the FTC challenge a clinical integration program proposed by Norman Physician Hospital Organization.
United States
25 Feb 2013
U.S. Supreme Court Hears Oral Argument In Phoebe Putney Hospital Merger Challenge
In oral argument in FTC v. Phoebe Putney Health System, Supreme Court Justices focused on whether the state legislature clearly articulated a state policy to displace competition with regulation, in a case challenging the application of the state action doctrine to a hospital merger to monopoly.
United States
4 Dec 2012
Pennsylvania Attorney General Requires Merging Hospitals To Contract Separately With Payors In Settlement Agreement
In addition to the federal antitrust enforcement agencies, state attorneys general continue to take an active role in antitrust enforcement, especially in the health care industry.
United States
22 Jun 2012
Essential Health Transaction Planning For Providers In Today’s Antitrust Enforcement Climate
Federal antitrust enforcement agencies continue to challenge transactions in the health industry that they view as anticompetitive.
United States
14 May 2012
FTC/DOJ Remove Mandatory Antitrust Review For MSSP-Participating ACOs In Final Policy Statement
On October 20, 2011, the Federal Trade Commission and Department of Justice issued a final policy statement on accountable care organizations (ACOs) participating in the Medicare Shared Savings Program (MSSP).
United States
14 Nov 2011
FTC/DOJ Issue Joint Proposed Statement Of Antitrust Enforcement Policy Relating To ACOs
FTC/DOJ issue a Proposed Statement of Antitrust Enforcement Policy Regarding ACOs Participating in the Medicare Shared Savings Program that establishes a safe harbor for certain ACOs and mandatory federal antitrust enforcement agency review for certain other ACOs.
United States
26 Apr 2011
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