Judge Has No Interest in DOJ’s Statement of Interest

In yet another demonstration of the benefits of lifetime tenure, a federal judge in Florida has told the Department of Justice to take a hike. It happened when the DOJ asked for permission to submit a “statement of interest” in a gigantic False Claims Act case—but only after having declining to intervene in …

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DOJ Antitrust Head Remains Focused on Health Care in Era of Consolidation

Speaking at an industry conference on November 13, U.S. Assistant Attorney General Bill Baer reiterated the government’s focus on competition concerns in the health care industry. According to Baer, head of the Department of Justice’s Antitrust Division, while the Affordable Care Act (ACA) “promotes …

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Words Hurt: FTC Challenges Proposed Hospital Merger Using Parties’ Own Statements

The Federal Trade Commission (FTC or Commission) authorized action on November 6 to block the proposed merger of two hospitals located in Huntington, West Virginia. The FTC issued an administrative complaint alleging that the transaction would create a near monopoly for general acute care inpatient hospital …

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DOJ/OIG Issue FY2014 Report: Health Fraud Recoveries and Case Filings Decline

In an annual report required by Congress and issued today, the Department of Health and Human Services (HHS-OIG) and Department of Justice (DOJ) detailed their FY 2014 results under their coordinated Health Care Fraud and Abuse Control Program (HCFAC Program). In FY 2014, approximately $3.3 billion was …

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U.S. Supreme Court Denies Antitrust Protection for State Professional Boards

In a 6-3 decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, the United States Supreme Court ruled today that state professional boards comprised of active professionals in the occupation the board regulates cannot invoke state-action antitrust immunity unless the board is …

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FTC Seeks Public Comments in Advance of Health Care Competition Workshop

The Federal Trade Commission and the Antitrust Division of the Department of Justice will co-host a second workshop in the series “Examining Health Care Competition” on February 24-25, 2015, in Washington, D.C. The workshop will look at recent developments related to health care provider organization and …

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