In this edition of the Source Litigation and Enforcement Highlights, we review 1) an action against Allergan’s anticompetitive practice concerning its dry eye treatment Restasis, 2) the final conclusion to a highly contested West Virginia hospital merger, 3) an antitrust suit between Marion Healthcare and Southern Illinois Healthcare, and 4) another proposed Partners Healthcare merger. Shire Defends Its Antitrust Suit Against Allergan In response to Allergan’s motion to dismiss an antitrust suit filed in New Jersey federal court, Shire filed a brief on January 24, 2018, blasting Allergan’s claim that …

As expected, a large number of articles and reports were published in January. Most heavily discussed was healthcare cost, which came up in many contexts, including: national spending slowdowns, comparatively among different countries’ healthcare systems, pharmaceutical drugs, healthcare services, the effect provider education has on cost, how cost intersects with quality, “cost-effectiveness,” and high-cost/high-need patient populations. Another hot topic was healthcare consolidation. One article discussed the general history and trajectory of healthcare consolidation (spoiler alert: it isn’t slowing down anytime soon) and the California Health Care Foundation published a mini-series …

By: Evan Sznol, Source Fellow Certificate of Need Definition A Certificate of Need (“CON”) regime generally prohibits new or existing healthcare providers and facilities from making large capital expenditures or expanding services and facilities unless a genuine public need exists in the relevant geographic market. Private parties must apply for a certificate of need from the state’s health department before proceeding with a development that meets the statutory trigger, which varies from state to state. CON programs are typically used to restrict the growth of high cost healthcare services, long …