Supreme Court limits availability of state action immunity from federal antitrust liability *

USA - February 20 2013
The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is…

Co-authors: Stephen Wu, Jeffrey W. Brennan, Christine G. Devlin, Ashley McKinney Fischer.

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U.S. Supreme Court hears oral argument in Phoebe Putney hospital merger challenge *

USA - November 27 2012
In oral argument in FTC v Phoebe Putney Health System, Supreme Court Justices focused on whether the state legislature clearly articulated a state policy to displace competition with regulation, in a case challenging the application of the state action doctrine to a hospital merger to monopoly.

Co-authors: Carrie G. Amezcua, Jeffrey W. Brennan, Ashley McKinney Fischer.

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FTC/DOJ remove mandatory antitrust review for MSSP-participating ACOs in final policy statement *

USA - November 9 2011
On October 20, 2011, the Federal Trade Commission and Department of Justice issued a final policy statement on accountable care organizations participating in the Medicare Shared Savings Program. 

Co-authors: Hillary A. Webber, Jeffrey W. Brennan, Ashley McKinney Fischer.

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FTC/DOJ issue joint proposed statement of antitrust enforcement policy relating to ACOs *

USA - April 20 2011
On March 31, 2011, contemporaneously with the Centers for Medicare & Medicaid Services (CMS) release of proposed regulations regarding the formation of Accountable Care Organizations (ACOs), the Federal Trade Commission (FTC) and Department of Justice (DOJ and, with the FTC, each an Agency and, collectively, the Agencies) issued a joint Proposed Statement of Antitrust Enforcement Policy Regarding ACOs Participating in the Medicare Shared Savings Program (Policy Statement).

Co-authors: Ashley McKinney Fischer.

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When is most favored too favored? *

USA - October 21 2010
The DOJ and Michigan are challenging Blue Cross Blue Shield of Michigan's most favored nations contracts under federal and Michigan antitrust law.

Co-authors: Hillary A. Webber, Stephen Wu, Michael W. Peregrine.

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