Category Archives: Antitrust

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The Latest Advance in the Debate Over Reverse Payment Settlements: Will the Supreme Court Punt, Again?

On April 24, 2009, a group of professors of law, economics and business, together with the American Antitrust Institute, the Public Patent Foundation, and AARP (collectively “amici”) filed an amicus brief urging the Supreme Court to grant certiorari and reverse the decision of the Federal Circuit Court of Appeals in In re Cirpoflaxacin Hydrochloride Antitrust … Continue Reading

Antitrust Division Will Not Challenge Health Care Cost Information Exchange Program in California

By Jennifer M. Driscoll-Chippendale In a Business Review Letter dated April 26, 2010, the U.S. Department of Justice, Antitrust Division (hereinafter, “the Division”) stated that it would not challenge a data sharing program proposed by three health care associations located in California. From the Division’s vantage point, the program posed little risk of facilitating anticompetitive … Continue Reading

DOJ Antitrust Chief Promises Careful Monitoring of Health Insurance Market While Encouraging Innovation and Efficiency in Health Care Delivery

By Robert Magielnicki In a May 24, 2010 speech to the Antitrust in Healthcare Conference, Christine A. Varney, the Chief of DOJ’s Antitrust Division, emphasized the importance of antitrust enforcement in preserving vigorous competition in health insurance markets, and of encouraging innovation and efficiency in health care delivery while preserving competitive markets.  … Continue Reading

Antitrust Division Will Not Challenge Cost Information Exchange Program in California

By Jennifer Driscoll-Chippendale In a Business Review Letter[1] dated April 26, 2010, the U.S. Department of Justice, Antitrust Division (hereinafter, “the Division”) stated that it would not challenge a data sharing program proposed by three health care associations located in California. From the Division’s vantage point, the program posed little risk of facilitating anticompetitive conduct; rather, … Continue Reading

A Window into Washington: Report on Hearings for S. 1681 and H.R. 3596, Proposed Legislation to End Health Insurers’ Antitrust Exemption

By Donald Klawiter, Jennifer Driscoll-Chippendale and Malika Levarlet Overview Congress recently conducted hearings on proposed legislation that would repeal the insurance exemption from the federal antitrust laws, the McCarran-Ferguson Act of 1945, as it relates to the health insurance industry.   Witnesses at the hearings articulated different perspectives on the potential repeal. At one end of … Continue Reading
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