Antitrust Enforcement
The Source’s Jaime King Awarded American Antitrust Institute Award
Amy Y. Gu, Managing Editor July 5, 2018
We are excited to announce that The Source’s Executive Editor Jaime S. King has been awarded the Jerry S. Cohen Award by the American Antitrust Institute for her article “The Anti-Competitive Potential of Cross-Market Mergers in Health Care,” which she co-authored with Erin C. Fuse Brown of Georgia State University College of Law. The article won in the “Best Antitrust and Mergers Article” category and discusses the potential for cross-market acquisition to harm competition, and whether existing antitrust laws could support challenges to cross-market acquisitions. The Cohen Award was created in …
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The Source Roundup: July 2018 Edition
Source Fellow July 2, 2018
By: Megan O’Leary, Student Fellow Happy July! In this edition of the Source Roundup, we cover six academic articles and reports from May and June. The topics this month include: (1) the drug rebate system, (2) provider-payer integration as model for healthcare reform, (3) anticompetitive behaviors that delay generic drug competition, (4) short-term insurance plan expansion increases 2019 ACA marketplace premiums, and (5) competition concerns of healthcare consolidation. The Drug Rebate System is Not the Villain in Rising Health Care Costs There are plenty of reasons health care price …
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Source Advisory Board Member Tim Greaney Offers Policy Recommendations in Healthcare Antitrust White Paper
Amy Y. Gu, Managing Editor June 29, 2018
Source Advisory Board Member Tim Greaney co-authored a two-part white paper with Professor Barak Richman of Duke University for the American Antitrust Institute (AAI) on healthcare competition. In Part I of the series, Greaney and Richman provide an in-depth analysis of consolidation in the markets for delivery and payment of healthcare services by taking a close look at horizontal and vertical mergers in both the provider and insurer markets. The paper identifies major competition concerns brought on by consolidation and suggest further academic and policy research to support more vigorous antitrust enforcement. In Part II, Greaney and …
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CVS-Aetna Merger: Competition and Patient Care Concerns Raised at CDI Hearing
Source Fellow June 26, 2018
By: Megan O’Leary, Student Fellow CVS Health and Aetna Insurance defended their proposed vertical merger to the California Department of Insurance (CDI) on June 19. The Source attended the hearing and brings this report regarding the prospects and impact of the planned merger. Pursuant to the California Insurance Code, Commissioner Dave Jones was able to call the public hearing as it involves an Aetna subsidiary based in California. While the commissioner does not have direct approval authority over the merger, his input could have an impact on how other states …
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Litigation and Enforcement Highlights – June 2018
Amy Y. Gu, Managing Editor June 15, 2018
Pharmaceutical litigation and enforcement actions took the spotlight in the news last month. In this edition, we highlight two high profile enforcement cases and continue to follow the Allergan patent saga. In enforcement, we saw developments in the FTC’s antitrust enforcement against generic drugmaker Impax and the DOJ’s anti-kickback enforcement against brand manufacturer Pfizer. These actions could set important precedents for similar cases and significantly impact price and competition in the pharmaceutical industry. Meanwhile, Allergan continues to defend against attacks of its tribal immunity maneuver in a seemingly losing battle. …
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The Source Roundup: June 2018 Edition
Source Fellow June 1, 2018
By: Megan O’Leary, Student Fellow Happy June! In this edition of the Source Roundup, we cover five academic articles and reports from April and May. The topics this month include: 1) barriers for generics to lower specialty drug prices, 2) a call to reform pharmaceutical systems in the United States and Canada, 3) efforts by states to stabilize the individual market, 4) Vermont’s push for community-driven health care reform, and 5) antitrust lawsuits in the pharmaceutical industry. Barriers for Generics to Lower Specialty Drug Prices The Health Affairs article Generic …
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Litigation and Enforcement Highlights – May 2018
Amy Y. Gu, Managing Editor May 15, 2018
Several major court decisions were handed down last month that may leave lasting impacts in terms of price and competition in the healthcare industry. Specifically, the 4thCircuit Court of Appeals ruled Maryland’s Price Gouging Law unconstitutional, while the Supreme Court upheld inter partes review, a controversial patent review process. In antitrust enforcement, the Justice Department began its review of the Cigna-Express Scripts merger. 4thCircuit Strikes Down Maryland Price Gouging Law In a significant victory for the pharmaceutical industry, the 4thU.S. Circuit Court of Appeals found Maryland’s landmark 2017 law, …
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Litigation and Enforcement Highlights – April 2018
Amy Y. Gu, Managing Editor April 10, 2018
This month we saw increased activity in state and private antitrust litigation. Earlier in April, we blogged about an antitrust lawsuit brought by California’s Attorney General against Sutter Health, accusing the health system of anticompetitive conduct that allegedly drove up healthcare prices across the state. In private antitrust litigation, Blue Cross/Blue Shield suffered a significant blow in a major lawsuit in Alabama federal court, while an Illinois judge ordered plaintiffs in a hospital class action suit to find new representatives. Meanwhile, on the regulatory front, merger mania continued as two additional proposed …
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California Attorney General Sues Sutter Health for Anticompetitive Practices
Amy Y. Gu, Managing Editor March 30, 2018
See UFCW & Employers Benefit Trust v. Sutter Health case page. California’s attorney general announced today that his office has filed an antitrust and unfair competition lawsuit against Sutter Health. Attorney General Xavier Becerra said at a press conference that the state’s complaint follows a six-year statewide investigation that found the Northern California hospital giant engaged in anticompetitive conduct that drove up healthcare prices for patients and employers in the state. Specifically, the complaint alleges that Sutter engaged in “all-or-nothing” contracts with health insurers that restricted insurers from providing low-cost plan options …
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Litigation and Enforcement Highlights – March 2018
Amy Y. Gu, Managing Editor March 13, 2018
In this edition of the Source Litigation and Enforcement Highlights, we review 1) a pair of healthcare mergers approved by antitrust regulators, 2) the DOJ’s antitrust settlement with the last of four Michigan hospitals, and 3) another challenge against an insurer for overcharging for prescription drugs. Federal and State Regulators Greenlight Healthcare MergersIn the midst of a wave of healthcare merger deals across the country, state and federal regulators joined the nationwide trend by approving a pair of mergers last month.In early February, both the Federal Trade Commission (FTC) and the …
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