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Competitive Health Insurance Reform Act repeals McCarran-Ferguson exemption for health insurers

For nearly 75 years, the McCarran-Ferguson Act established a broad – although not unlimited – exemption from the application of federal law to “the business of insurance,” finding “the continued regulation and taxation by the several states [of that business] in the public interest.” As a result, McCarran-Ferguson exempted insurers from federal antitrust liability where … Continue Reading

COVID-19’s impact on the health care industry

COVID-19 has had an impact on virtually every industry in the country, but none more so than on health care. In this episode, Jay talks with John Carney, chair of Porter Wright’s Health Care Practice and former Ohio state representative, about the changes that COVID-19 has wrought on health care and on some changes the … Continue Reading

Healthcare post-COVID-19 may look radically different

The confluence of forces due to COVID-19 is likely to affect the healthcare industry in serious and unpredictable ways. And the antitrust laws, as well as how they are enforced, will play a big part in shaping (or re-shaping) the industry. With the contracting economy making capital more difficult to obtain and politicians calling for … Continue Reading

Putative class counsel in generic drug antitrust MDL can’t get a slice of the opt-out pie . . . At least not yet

Before even moving for certification of the putative classes they seek to represent, Interim Class Counsel (ICC) in the In re Generic Pharmaceuticals Pricing Antitrust Litigation sought to insure they would get not only their own piece of the pie, but also a sizable sliver of everyone else’s. Claiming they are prosecuting potentially “the largest … Continue Reading

2016 antitrust developments: Foreshadowing 2017?

It’s that time of year again, when we reflect on what happened during the prior year and prepare for another one. Let’s take a moment to look at some trending antitrust topics from 2016, and take a stab at what we believe will be some of the hottest trending topics in antitrust law going forward. … Continue Reading

DOJ challenges healthcare system’s use of anti-steering clauses

In its continuing fight against rising healthcare costs, the Justice Department (DOJ) has sued Charlotte, North Carolina’s largest healthcare system for using a common healthcare contracting tool, the anti-steering clause. U.S. and the State of North Carolina v. The Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Healthcare System (CHS), Case No. 3:16-cv-00311, filed on June 9, 2016. … Continue Reading

ABA Section of Antitrust Law Spring Meeting 2016: The most important case of 2015 (that no one has ever heard of)

Continuing our series on the 2016 Spring Meeting, Brodie Butland summarizes the contentious panel discussion at the 2016 ABA Antitrust Conference, titled “Telemedicine: Are Old Definitions Restricting Competition?” The Supreme Court’s 2014-15 term was nearly unprecedented. Same-sex marriage is now legal across all 50 states. The Affordable Care Act survived yet another challenge. Lethal injection … Continue Reading

Are data breaches covered under insurance policies?

In defending against a class action case where patient information was found online for months without being secured, the insurance company was found to have a duty to defend the defendant, who held an insurance policy that covered the publication of patient information. The case, Travelers Indemnity vs. Portal Healthcare, is important because it’s one … Continue Reading

United we fall? 6th Circuit holds that members of hospital network may not be a single entity under the antitrust laws

The U.S. Court of Appeals for the 6th Circuit recently issued an opinion with potential antitrust impact on joint ventures—in the healthcare realm and beyond. The case was originally filed by a Dayton-area surgical center, The Medical Center at Elizabeth Place, against a competing local hospital network, Premier Health Partners. The plaintiff claims that Premier … Continue Reading

Health care data breaches – inevitable, but you can minimize the damage

Data breaches in health care can be the most devastating, both to the consumers whose personally identifiable information was exposed, but also to the institutions that possessed this sensitive data. In this podcast Jay and Christina Hultsch review the various issues surrounding such data breaches, including when to review data security policies, how to prepare … Continue Reading

Supreme Court to states – actively supervise your regulating boards or else

The North Carolina State Board of Dental Examiners can no longer regulate the practice of dentistry without active state supervision—and neither can other state professional boards controlled by active market participants. Last Wednesday, the U.S. Supreme Court concluded in North Carolina State Board of Dental Examiners v. Federal Trade Commission (FTC) that the state action … Continue Reading

The importance of the state action exemption on state licensing boards

This podcast discusses the background and potential legal implications, particularly on state licensing boards, of North Carolina Board of Dental Examiners v. Federal Trade Commission, argued before the U.S. Supreme Court last month and previously summarized here. Jay Levine and Darcy Jalandoni, members of Porter Wright’s Antitrust Group, provide an overview of the state action … Continue Reading

How a smile might change the fortune of state licensing

One of the most important cases the U.S. Supreme Court will decide this year—at least with respect to antitrust law—involves the question of whether dentists in North Carolina can maintain a monopoly over teeth whitening services. While it hasn’t generated nearly the level of public attention as cases involving marriage equality or voting rights, North … Continue Reading

Part Three: Section two of The Sherman Act – unilateral conduct (cont’d)

Rounding out our discussion on the Sherman Act, host Jay Levine discusses how businesses enter into contracts utilizing specific tactics to ensure they stay competitive and under what circumstances those tactics become problematic.  Learn how most favored nation and non-discrimination clauses, as well as market share discounts and exchanging non-price information can be used to … Continue Reading
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