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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

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

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

Health insurers’ motion to treble damages against pharmaceutical companies in antitrust case is granted

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 7 2008

On June 1, 2005, after a jury trial lasting over three weeks, a jury found for Blue Cross Blue Shield of Massachusetts (“BCBS-MA”), Blue Cross Blue Shield of Minnesota (“BCBS-MN”), Federated Mutual Insurance Company (“Federated”), and Health Care Service Corporation (“HCSC”) (collectively “Plaintiffs”) against Mylan Laboratories Inc. and Mylan Pharmaceuticals Inc., Cambrex Corporation, and Gyma Laboratories (“Defendants”) on state law claims agreement in unreasonable restraint of trade; conspiracy in unreasonable restraint of trade; monopolization; and attempted monopolization in the Lorazepam active pharmaceutical ingredient (“API”) market, Lorazepam tablet market and in the Clorazepate API and tablet markets

DOJ approves UnitedHealth-Sierra merger, subject to divestitures

  • Squire Sanders
  • -
  • USA
  • -
  • March 20 2008

The DOJ has agreed to allow the largest health insurer in the United States, UnitedHealth Group, to proceed with its planned US$2.6 billion acquisition of Sierra Health Services Inc., subject to the condition that UnitedHealth divest its Medicare Advantage policyholders and related assets in the Las Vegas area

New York radiology practice sues health care benefits administration firm contracted with major health care insurers alleging antitrust violations

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 27 2008

A New York based radiology practice (the “Plaintiff”) filed an action in the United States District Court for the Eastern District of New York against a benefits administration firm, CareCore National, LLC, that provides services for insurers including Aetna, GHI, HIP, Healthnet, Healthfirst, and Oxford

Legislation introduced to eliminate federal antitrust exemption for health insurance and medical malpractice insurance companies

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • September 17 2009

Today, Senate Judiciary Committee Chairman Patrick Leahy introduced legislation to eliminate the federal antitrust exemption for health insurance and medical malpractice insurance companies

Repeal of antitrust exemption gains traction as House and Senate Democrats reconcile healthcare reform bills

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 8 2010

U.S. House Representatives Peter DeFazio, (D-OR) and Gene Taylor (D-MS) drafted a letter to House Speaker Nancy Pelosi (D-CA) in support of repealing the antitrust exemption under the McCarran Ferguson Act for health insurers and medical liability insurers

Texas hospital accused of orchestrating an insurer boycott of competitor agrees to pay $700,000 to settle with Texas AG

  • Reed Smith LLP
  • -
  • USA
  • -
  • January 28 2009

In a time of economic crisis, when hospitals, like most other businesses, are struggling to operate within a constrained budget, Memorial Hermann Healthcare System (“Memorial Hermann”) agreed Jan. 26, 2009 to pay $700,000 to settle claims of the Texas Attorney General alleging that Memorial Hermann orchestrated an agreement among health plans not to do business with a new competitor, Town and County Hospital (“Town and Country”

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