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Department of Justice requires divestitures to preserve competition for medicare advantage plans
- Mintz Levin Cohn Ferris Glovsky and Popeo PC
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- USA
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- 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
Stakes raised in Blue Cross of Michigan “most favored nation” clause antitrust dispute as Aaetna jumps in as an antitrust plaintiff
- Williams Mullen
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- USA
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- 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
Federal government to launch multistate health insurance plans
- Barnes & Thornburg LLP
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- USA
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- 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
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
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- USA
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- 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
BCBS of MI antitrust case dropped
- Edwards Wildman Palmer LLP
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- USA
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- 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
DOJ continues scrutiny of MFN provisions
- McGuireWoods LLP
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- USA
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- 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
When does the payment of low reimbursement rates or other conduct by an insurer violate the antitrust laws?
- Duane Morris LLP
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- USA
- -
- December 6 2010
Healthcare providers and insurers should be aware of a recent decision by the U.S. Court of Appeals for the Third CircuitWest Penn Allegheny Health System, Inc. v. UPMCin which the court reinstated an antitrust challenge brought by a hospital system against another hospital system and the area's largest insurer
Efforts to repeal the insurance industry’s antitrust exemption are reintroduced in the House of Representatives
- Williams Mullen
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- USA
- -
- May 2 2011
On March 17, Congressman Paul Gosar of Arizona introduced the "Competitive Health Insurance Reform Act of 2011," a bill that would repeal the McCarran Ferguson Act's antitrust exemption for health insurers
Department of Justice reaches settlement in first traditional Section 2 case since 1999
- Kilpatrick Townsend & Stockton LLP
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- USA
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- March 2 2011
On February 25, 2011, the United States Department of Justice (DOJ) announced that it settled an antitrust enforcement action against United Regional Health Care System of Wichita Falls, Texas (United Regional) in which the agency alleged that United Regional had monopolized one or more markets for hospital services by entering into agreements with health insurers not to do business with United Regional's competitors
Seventh Circuit affirms dismissal of “buyers’ cartel” claim, provides guidance regarding premerger information sharing
- Paul, Weiss, Rifkind, Wharton & Garrison LLP
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- USA
- -
- January 24 2011
In a recent decision, Omnicare, Inc v UnitedHealth Group, the United States Court of Appeals for the Seventh Circuit provided useful guidance regarding the nature and scope of information that may be shared among competitors in advance of a merger
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