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Will the FTC resuscitate the Robinson Patman Act in an effort to bring down prescription drug prices?

USA - August 24 2022 Pharmacy benefit managers (PBMs) are intermediaries paid by health care insurers to manage their prescription benefits programs. Today, PBMs not only…

Ninth Circuit reminds district courts that pre-certification and coupon class action settlements must be subject to heightened scrutiny

USA - November 17 2021 In Mckinney-Drobnis v. Oreshack,[1] (hereinafter “McKinney”), the Ninth Circuit instructed a district court that vouchers awarded to Massage Envy…

Confusion continues in the antitrust evaluation of Most Favored Nations provisions

European Union, Germany, United Kingdom, USA - May 25 2021 Most Favored Nation provisions (MFNs) in dealings between buyers and sellers most often are (i) used by a buyer to require sellers to agree that they…

Passage of Competitive Health Insurance Reform Act Repeals 75 Year Old Health Insurers’ Federal Antitrust Exemption

USA - February 25 2021 After many years of debate and previous failed attempts, on January 13, 2021, the Competitive Health Insurance Reform Act (“CHIRA”) was passed into…

Supreme Court To Determine the Extent of the FTC’s Authority to Obtain Monetary Relief

USA - November 19 2020 On July 9, 2020, the Supreme Court granted certiorari to review a case from the Ninth Circuit which had considered the scope of the remedies available…

Halli Spraggins