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Court dismisses challenge to prescription drug copayment coupon program

  • Hunton & Williams LLP
  • -
  • USA
  • -
  • June 6 2013

On June 3, 2013, the US District Court for the Southern District of New York dismissed a putative class action alleging that a prescription drug

BCBS of MI antitrust case dropped

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 2 2013

On March 25, the U.S. Department of Justice (DOJ) and the State of Michigan agreed to dismiss an antitrust case against Blue Cross Blue Shield of

Do not pass go, do not collect $200: Michigan statute and regulatory order banning MFN provisions in provider contracts ends government antitrust lawsuit against Michigan Blue

  • Baker & Hostetler LLP
  • -
  • USA
  • -
  • March 26 2013

In the wake of the passage of a Michigan statute and regulatory order banning the use of most favored nation ("MFN") clauses by insurers, health

Federal government to launch multistate health insurance plans

  • Barnes & Thornburg LLP
  • -
  • USA
  • -
  • November 1 2012

Under multistate plans recently announced by the Obama administration, health insurance operated under contract with the federal government will be available to consumers in every state through state insurance exchanges mandated under the Affordable Care Act

DOJ continues scrutiny of MFN provisions

  • McGuireWoods LLP
  • -
  • USA
  • -
  • June 25 2012

Recent actions by the U.S. Department of Justice's Antitrust Division involving "most favored nation" provisions include: this month it was widely reported that the Antitrust Division is currently investigating alleged anticompetitive practices in the cable industry, including whether cable companies are using MFNs in agreements with television networks to quash competition from online rivals

Recent lawsuits allege anticompetitive market allocation conspiracy by Blue Cross and Blue Shield

  • King & Spalding LLP
  • -
  • USA
  • -
  • April 24 2012

Two recent lawsuits allege that Blue Cross and Blue Shield entities in North Carolina and Alabama have violated federal and state antitrust laws by engaging in concerted action with other Blue Cross Blue Shield (BCBS) plans nationwide to divide geographic markets among them, which has allegedly resulted in reduced competition and higher rates charged to end customers for healthcare services

District Court dismisses follow-on suit challenging Blue Cross's "MFN-Plus' contracts under both per se and rule of reason standards

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • April 11 2012

The District Court for the Eastern District of Michigan recently dismissed antitrust claims brought by the City of Pontiac against Blue Cross Blue Shield of Michigan's practice of requiring hospitals to enter into "MFN-Plus" contracts, which was alleged to have significantly raised prices to Blue Cross's competitors

Department of Justice requires divestitures to preserve competition for medicare advantage plans

  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • -
  • USA
  • -
  • April 2 2012

Under a proposed settlement agreement with the Department of Justice (DOJ), private insurers Humana Inc. (Humana) and Arcadian Management Services, Inc. (Arcadian) must divest certain of Arcadian’s assets in parts of five states in order for Humana to proceed with its $150 million acquisition of Arcadian

Justice department halts Blue Cross of Montana’s expansion plans based upon competitive concerns

  • Williams Mullen
  • -
  • USA
  • -
  • January 3 2012

In early November, the DOJ Antitrust Division announced the filing of an antitrust lawsuit against Blue Cross of Montana, which is the largest health insurer in Montana

Stakes raised in Blue Cross of Michigan “most favored nation” clause antitrust dispute as Aaetna jumps in as an antitrust plaintiff

  • Williams Mullen
  • -
  • USA
  • -
  • January 3 2012

Blue Cross Blue Shield of Michigan has been in litigation with the Department of Justice Antitrust Division for more than a year over BCM’s use of “most favored nation” clauses in its contracts with health care providers

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