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

State AGs in the news
  • Dickstein Shapiro LLP
  • USA
  • September 4 2014

The AGs of Illinois, Iowa, and Missouri and the U.S. Department of Justice simultaneously filed acomplaint and proposed final judgment in the U.S

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

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

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

State AGs in the news
  • Dickstein Shapiro LLP
  • USA
  • August 28 2014

Following multiple state and federal investigations, the U.S. Department of Justice and the AGs ofCalifornia, Delaware, Illinois, Kentucky, Maryland

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

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”

House introduces health insurance bill to repeal antitrust exemption
  • Locke Lord LLP
  • USA
  • February 24 2010

On Monday, February 22, Representatives Tom Perriello (D-Va.) and Betsy Markey (D-Colo.) introduced H.R. 4626, the Health Insurance Industry Fair Competition Act, to repeal the McCarran-Ferguson Act antitrust exemption for the business of health insurance

House once again passes McCarran repeal legislation
  • Williams Mullen
  • USA
  • March 1 2010

For the second time in three months, the House of Representatives has passed legislation that would repeal the health insurance industry's antitrust exemption, provided for in the McCarran Ferguson Act (15 USC 1012 et seq