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 …
FTC Gives Mixed Review of South Carolina’s Nurse Supervision Proposal
November 3, 2015 Leave a Comment
The Federal Trade Commission (FTC or Commission) submitted written comments on November 2nd to South Carolina’s state legislature on the competitive impact of proposals to modify the supervision requirements for advanced practice registered nurses (APRNs) in the state. While the FTC approved of a state bill that …
Court Rejects Claim that a Doctor’s Loss of Privileges is an Antitrust Injury
August 27, 2015 Leave a Comment
A federal appeals court held that a doctor who lost his privileges at a local hospital failed to establish an antitrust injury sufficient to confer standing under the Sherman Act. The United States Court of Appeals for the Third Circuit affirmed a district court ruling that Dr. Victor Novak could not show that he …
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 …
Texas Telemedicine Rule Delayed by Antitrust Suit
June 3, 2015 Leave a Comment
A Texas Medical Board rule requiring a physician to conduct an in-person evaluation before prescribing certain drugs will not go into effect today, June 3, as originally planned. A federal court granted a preliminary injunction to halt enforcement of the rule pending the resolution of an antitrust lawsuit filed by …