State policy makers have worked to address the complexities of noncompete clauses, especially for healthcare workers, for some time. These state efforts have become even more critical in light of federal efforts stalling. Background on Noncompete Clauses Noncompete clauses are terms in contracts between employees and employers that prevent workers, once their employment is over, from competing with that employer (typically by working for a competing employer or starting a competing business). Noncompete provisions are often limited to a specific duration and/or a particular distance from the original employer. These […]

On September 5, 2025, the Federal Trade Commission (FTC) announced it would dismiss its appeal of a 2024 court ruling that had determined that the FTC’s attempt at creating a federal noncompete ban had exceeded the FTC’s authority.  Ending the legal defense of the noncompete ban effectively ends any chance of the ban going into effect. This saga began on April 23, 2024, when the FTC issued a rule banning many noncompete clauses in employee contracts, which was quickly challenged when several parties filed lawsuits against the rule.  On July […]

No Decision in AAEM-PG v. Envision Case: A Potential Precedent-Setting Corporate Practice of Medicine and Private Equity Case is Avoided  A decision in the long-anticipated case, the American Academy of Emergency Medicine Physician Group (AAEM-PG) v. Envision Healthcare, will not come to pass, as Envision, a private equity-backed emergency physician staffing company, choose to exit the California market.  In a press release, AAEM-PG stated a concern about whether a California court could retain jurisdiction over the case after Envision exited, and noted that a confidential settlement had been made.   Experts, […]

The convoluted journey of the FTC’s attempt to ban noncompete agreements has taken another turn.  On July 23, a Federal District Court Judge reversed a ruling from a lower Federal Court in Texas that had temporarily blocked the FTC from enforcing the rule, pending ongoing litigation.  The most recent ruling states that the FTC has the power to ban anticompetitive practices, including noncompete agreements.  The ruling also states that the plaintiff had not shown that it would suffer irreparable harm from the rule if it were allowed to go into […]

On Wednesday, July 3, 2024, a Texas Federal Court issued a preliminary injunction against the FTC’s noncompete ban in the case brought by Ryan LLC and the U.S. Chamber of Commerce, preventing the rule from taking effect on September 4.  The decision, made by U.S. District Judge Ada Brown, stated that the plaintiffs were likely to succeed on the merits that the FTC lacks authority to promulgate the rule, which the Judge called “arbitrary and capricious”, and that that blocking the rule temporarily is in the public interest.  Although the […]

On Tuesday, June 4, 2024, the 9th U.S. Circuit Court of Appeals overturned Sutter Health’s win in a $411 million antitrust suit, saying that the jury that found in favor of Sutter in 2022 was given improper jury instructions, and that the plaintiffs were improperly prevented from presenting relevant evidence. In September 2012, a class of individuals and employers who purchased fully insured plans from the five largest commercial health insurance companies in California filed this lawsuit alleging that Sutter Health restricted competition in the healthcare market using anticompetitive tactics. A similar lawsuit, […]

JULY 8 UPDATE: On July 3, 2024, a Texas Federal Court issued a preliminary injunction against the FTC’s noncompete ban in the case brought by Ryan and the U.S. Chamber of Commerce, preventing the rule from taking effect on September 4. JULY 25 UPDATE: On July 23, 2024, a higher Federal Court reversed the preliminary injunction that had temporarily blocked the FTC from enforcing the rule. AUGUST 20 UPDATE: On August 20, 2024, U.S. District Judge Ada Brown in Texas enjoined the rule nationwide, stating that the FTC exceeded its […]

This spring, court cases are dealing with a variety of issues relevant to healthcare marketplace competition issues.  These include a Federal Trade Commission’s (FTC’s) action to block a sale of hospitals in North Carolina, examining the fiduciary duties employer-sponsored health plans have in selecting drug plans, and looking at the acceptability of non-compete clauses in physician contracts. FTC Files suit in North Carolina In February, the FTC authorization of a suit to block Novant Health’s proposed acquisition of two hospitals owned by Community Health Systems (CHS) in North Carolina.  On […]

On January 18, 2024, Victoria Ross, a former University of Pittsburgh Medical Center (UPMC) nurse, filed an antitrust class action suit in the US District Court for the Western District of Pennsylvania against UPMC.  The suit claims UPMC used its “monopsony power to prevent workers from exiting or improving their working conditions, to suppress workers’ wages and benefits, and to drastically increase their workloads, through a draconian system of mobility restrictions and widespread labor law violations that lock employees into sub-competitive pay and working conditions.” Parties to the Suit According […]

On September 14, the California Legislature concluded the 2023 legislative session when it adjourned for an interim recess. The session marked the end of the first year of the two-year 2023-2024 term. In total, the Legislature introduced over 3,000 bills this session – more bills than it has introduced in more than a decade; of which, 700 bills remain active. Like past sessions, the California Legislative Beat recaps the noteworthy bills from this session that impact California’s health care market in a two-part series. In this Part 1 of our […]