The Antitrust Practice Group helps you understand public and private enforcement activity and competition policy affecting all sectors of the health care industry, including health care providers, health insurers, and medical device and pharmaceutical companies.
The AHLA Antitrust Practice Group helps you understand public and private enforcement activity and competition policy effecting all sectors of the health care industry.
David Dahlquist, Partner, Winston & Strawn LLP, and Dina Older Aguilar, Vice President, Cornerstone, discuss FTC v. Hackensack Meridian Health and Englewood Health, which was argued in the Northern District of New Jersey in May 2021 (closing arguments took place on June 2, 2021 and the case is pending a final ruling). Hackensack and Englewood entered into a merger agreement in 2019, but the FTC challenged the merger in late 2020. Dahlquist represented Englewood Health, and Aguilar represented both parties. Dahlquist and Aguilar discuss the geographic and economic aspects at the center of the case, including the pro-competitive benefits of the merger that were argued by the defendants, along with the FTC’s position. Sponsored by Cornerstone.
Joe Miller and Bruce Sokler, Co-Chairs of Mintz Levin’s Antitrust Practice, discuss President Biden’s July 9 executive order, which called for a government-wide focus on antitrust competition issues and identified 72 initiatives across several industries. They provide an overview of the aspects of the executive order that are of particular importance to the health care industry, including wage and labor issues, hospital mergers, and pharmaceutical issues.
Steve Vieux, Counsel, Shook Hardy & Bacon, speaks with Doug Litvack, Partner, Davis Wright & Tremaine, and Barbara Sicalides, Partner, Troutman Pepper, about the Sixth Circuit’s recent decision in St. Luke’s v. ProMedica, which vacated a preliminary injunction enjoining a health system from removing a competing health system from its integrated insurance company’s network. Litvack and Sicalides share some of the facts, arguments, and defenses of the case and key takeaways for health care providers and managed care systems. Litvack served as counsel to ProMedica in the case.
Kaj Rozga, Counsel, Davis Wright Tremaine LLP, discusses Sidibe v. Sutter, which is a landmark health care antitrust case concerning the contracting practices of Sutter Health and its dealings with insurers. The case involves a consumer class action brought on behalf of insurance plan members alleging that Sutter Health engaged in anti-competitive contracting practices that inflated the cost of medical services in Northern California. Rozga talks about some of the antitrust theories at play in the case.
Kaj Rozga, Counsel, Davis Wright Tremaine LLP, speaks with Michelle Yost Hale, Partner, Wilson Sonsini Goodrich & Rosati, and Paul Wong, Director, NERA Economic Consulting, about the key takeaways from the Sidibe v. Sutter case, which was a class-action lawsuit filed by consumers in Northern California alleging that Sutter Health engaged in anti-competitive contracting practices; the case ended in Sutter Health’s favor. They discuss the two main theories the plaintiffs used to allege Sutter Health’s monopolization of medical services, how those theories may have played with the jury, and practical advice for lawyers and economists who are advising health care providers on these issues.
In this flash update, Adam Acosta, Partner, White & Case LLP, provides an overview of recent developments at the FTC on antitrust enforcement in the pharmaceuticals sector. He discusses the FTC’s focus on pharmaceutical pricing, developments related to pharmaceutical mergers, and updates related to the FTC’s enforcement activity.
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