On March 24 the Federal Trade Commission issued an order temporarily putting on hold its hearing on the Cabell Huntington Hospital’s proposed acquisition of St. Mary’s Medical Center and Pallottine Health Services. The legal battle began last July, when the presidents of the two hospitals announced an …
DOJ Antitrust Head Remains Focused on Health Care in Era of Consolidation
November 16, 2015 Leave a Comment
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 …
Words Hurt: FTC Challenges Proposed Hospital Merger Using Parties’ Own Statements
November 9, 2015 Leave a Comment
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 …
Your Drug Patent Rights Transfer May Be Reportable, Court of Appeals Confirms
June 12, 2015 Leave a Comment
On Nov. 6, 2013, the Federal Trade Commission (FTC or Commission) modified its Hart-Scott-Rodino Act (HSR) rules to clarify that transfers of patent rights within the pharmaceutical industry constitute potentially reportable asset transactions even if patent holders retain limited manufacturing rights or …
Ninth Circuit Denies Rehearing to St. Luke’s Health System
April 22, 2015 Leave a Comment
The Ninth Circuit will not reconsider its decision to force St. Luke’s Health System to unwind its purchase of Saltzer Medical Group, the largest physician practice group in the relevant Idaho market. The ruling leaves in place a victory for the Federal Trade Commission (FTC) in the merger row. In February, …
FTC Remains Focused on Health Care in 2015
April 20, 2015 Leave a Comment
The Federal Trade Commission (FTC or Commission) recently published its annual highlights, revealing that health care remains a top priority for the Commission. The FTC reported that nearly half of its enforcement actions for the preceding five years focused on the health care industry, including …