About: Amy Y. Gu, Managing Editor
Amy Y. Gu, J.D. is the Managing Editor for the Source on Healthcare Price & Competition. She holds a J.D. from Loyola Law School and a B.A. in Economics from the University of California, Berkeley. Prior to joining the Source, she practiced civil litigation in the San Francisco Bay Area, and later engaged in corporate compliance and discovery, representing various global pharmaceutical companies. Driven by an entrepreneurial mindset and her talents for marketing and web design, Amy also co-founded and successfully launched a startup in e-commerce. She is excited to bring to the Source a unique set of experience and perspective from both law and tech.[Sutter Case Watch] A Huge Deal: Settlement Terms of Sutter Health Antitrust Case Will Promote Transparency and Competition in California Provider Markets
Amy Y. Gu, Managing Editor January 15, 2020
The high-profile antitrust case against Sutter Health settled on the eve of trial in October 2019, when the Northern California hospital giant reached a preliminary settlement agreement with the California Attorney General’s office and class action plaintiffs after five years of litigation. The terms of the settlement were released late December, which include both monetary compensation for the private plaintiffs and injunctions against Sutter’s conduct that will restore competition and promote transparency in the provider market. In this post, we dissect the terms of the proposed settlement agreement and discuss …
DOJ and FTC Release Draft Updated Guidelines for Vertical Mergers
Amy Y. Gu, Managing Editor January 14, 2020
On January 10, the Department of Justice (DOJ), along with the Federal Trade Commission (FTC), released a new draft guideline for vertical merger review. As opposed to horizontal mergers, vertical mergers generally combine entities that operate at different levels in the same supply chain. As vertical mergers become more commonplace in the healthcare industry, they are increasingly raising antitrust concerns as they often times don’t trigger the same level of scrutiny as do horizontal mergers. The much needed new guidelines specifically targeting vertical mergers serve to withdraw and update the …
Federal and State Price Transparency Efforts Face Legal Challenges from Industry Groups
Amy Y. Gu, Managing Editor December 16, 2019
Price transparency in healthcare is a hot topic that has captured the attention of many policymakers. While both federal and state governments have made efforts to promote price transparency in recent years, the path to achieving it is expected to be a bumpy one, as powerful industry groups that resist such change, including hospitals and pharmaceutical companies, are quick to seek legal challenges to block such efforts. In this edition of Litigation and Enforcement Highlights, we examine the latest lawsuits that challenge legislation to promote price transparency in healthcare and …
Introducing the New Interactive Key Issue Page: Market Consolidation
Amy Y. Gu, Managing Editor December 4, 2019
The Source on Healthcare Price and Competition is excited to announce that, in partnership with UC Berkeley’s Nicholas C. Petris Center on Health Care Markets and Consumer Welfare, we are unveiling a brand new interactive “Market Consolidation” key issue page that presents evidence-based information and analyses on the most effective strategies for states to address rapidly consolidating healthcare markets. Recent evidence demonstrates that provider and insurer markets in the United States have been highly concentrated for years and have led to increased healthcare prices and insurance premiums without a commensurate …
Legal Challenges Against State PBM Laws May Culminate in Supreme Court Review
Amy Y. Gu, Managing Editor November 15, 2019
As states step up their efforts to control prescription drug prices, many state legislatures have targeted pharmacy benefit managers (PBMs) and their role in rising prices by introducing legislation to bring greater transparency to the inner workings of PBMs. As a result of these efforts, however, states increasingly face challenges from the pharmaceutical industry, specifically the Pharmaceutical Care Management Association (PCMA), a trade association representing PBMs. Over the years, PCMA has brought a number of lawsuits challenging state legislation regulating PBMs, claiming that the Employee Retirement Income Security Act (ERISA) …
[Sutter Case Watch] Source Executive Editor Jaime King Discusses Sutter Health Settlement in Podcast
Amy Y. Gu, Managing Editor October 30, 2019
As the healthcare industry grapples with the recent settlement of the antitrust case against Sutter Health, The Source Executive Editor Jaime King discusses the possible motivations and implications of this development in Tradeoffs, a healthcare podcast. In Episode 2 of the podcast, The Train Has Left the Station, Professor King points out that because Sutter is a model for many other health systems around the country, the lawsuit against Sutter’s contracting practices, including all or nothing provisions, had the potential to send shockwaves through the system. The actual implications of …
[Sutter Case Watch] BREAKING: Sutter Health Settles Massive Antitrust Suit to Avoid Trial
Amy Y. Gu, Managing Editor October 16, 2019
The historic court case against Sutter Health alleging anticompetitive contract practices took an unexpected turn today when Judge Anne-Christine Massullo of the Superior Court of San Francisco dismissed the jury, announcing that Sutter has reached a preliminary settlement with the California AG and class action plaintiffs. Opening arguments in the case were set for October 21, after it was delayed from October 10 due to an insufficient number of jurors. The trial was estimated to last about 12 weeks and would have put the spotlight on the details of Sutter …
[Case Watch] Jury Trial in Antitrust Case Against Sutter Health Set to Begin
Amy Y. Gu, Managing Editor October 9, 2019
The landmark antitrust case against Sutter Health, the largest provider of general acute hospital services in Northern California, is set to begin jury trial in the Superior Court of San Francisco on October 10 and is expected to last 12 weeks. The trial will begin at 10:15am with opening arguments from both parties. The Source has been closely tracking this case leading up to the trial. Executive Editor Jaime King was quoted in multiple news outlets, including the New York Times, San Francisco Chronicle, and Bloomberg Law, regarding the ripple …
[Case Watch] UCFW & Employers Benefit Trust v. Sutter Health] A Look at the Legal Arguments Through the Lens of the Court’s Denial of Sutter’s Motions for Summary Judgment
Amy Y. Gu, Managing Editor October 7, 2019
As part of the Case Watch series for the landmark antitrust suit against Sutter Health, this post takes a look back at the Superior Court of San Francisco’s orders from March and June 2019, denying Sutter’s motions for summary judgment, which set the stage for the jury trial, set to begin on Thursday, October 10, 2019. As a preview of the legal arguments we will see at trial, we dissect each of the four causes of action brought against Sutter in the context of Sutter’s motions and the court’s rulings. …
Just Published: The Source Research Brief on Legal Challenges to State Efforts to Control Drug Prices
Amy Y. Gu, Managing Editor September 24, 2019
As states increase legislative efforts to rein in prescription drug prices, an increased number of laws have been passed to regulate pharmacy benefit managers, price gouging, and price transparency in the pharmaceutical industry. However, industry groups have also stepped up legal challenges against these laws, using specifically the Dormant Commerce Clause, ERISA, and federal patent and trade secret laws. With support from the National Academy for State Health Policy (NASHP), The Source’s Katie Gudiksen, Sammy Chang, and Jaime King examine these state laws and ensuing legal challenges in the newly …