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Congress begins with renewed efforts to repeal insurer’s antitrust exemption
  • Dickinson Wright PLLC
  • USA
  • March 3 2015

Early into the 114th Congress, multiple bills have already been introduced that would repeal the insurance industry's limited antitrust exemption


DOJ and FTC announce proactive approach to monitoring post-Affordable Care Act antitrust compliance at joint workshop
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • March 2 2015

On February 24 and 25, the DOJ and FTC held their second joint workshop to examine the state of health care competition in the United States. The


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


DOJ approves UnitedHealth-Sierra merger, subject to divestitures
  • Squire Patton Boggs
  • 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
  • Locke Lord 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


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”


Seventh Circuit affirms dismissal of “buyers’ cartel” claim, provides guidance regarding premerger information sharing
  • Paul, Weiss, Rifkind, Wharton & Garrison LLP
  • 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


U.S. court rules on premerger exchange of information, highlighting risks and best practices for merging parties
  • Jones Day
  • USA
  • January 25 2011

Last week the U.S. Court of Appeals for the Seventh Circuit rejected an antitrust lawsuit by institutional pharmacy Omnicare that challenged premerger planning and information exchanges between two health insurers, UnitedHealth Group and PacifiCare Health Systems


DOJ contends health insurer's use of most favored nation clauses is anticompetitive
  • Williams Mullen
  • USA
  • October 29 2010

On October 18, Assistant Attorney General Christine Varney, who heads the Department of Justice Antitrust Division, announced the filing of an antitrust action against Blue Cross Blue Shield of Michigan ("BCBSM"


US Department of Justice challenges use by Blue Cross of most favored nation contracts
  • Mayer Brown LLP
  • USA
  • October 28 2010

The Antitrust Division of the US Department of Justice ("DOJ") has challenged the use of "most favored nation" clauses by an alleged dominant health insurer, contending that contracts guaranteeing a buyer the lowest price may exclude competition