Antitrust

Continued Debates regarding Antitrust Concerns and Professional Licensing Boards

Filed in Antitrust by on November 5, 2014 0 Comments
Continued Debates regarding Antitrust Concerns and Professional Licensing Boards
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Cross-Posted at HealthLawProf Blog Earlier this year, I blogged about developments concerning antitrust liability and professional licensing boards. In particular, I noted that the North Carolina Board of Dental Examiners had asked the United States Supreme Court to review the Fourth Circuit’s decision upholding theFederal Trade Commission’s ruling that the Board was not entitled to […]

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REMS As A New Competitive Sword?

REMS As A New Competitive Sword?
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The pharmaceutical industry has long-been criticized for use of anticompetitive tactics.  Brand pharmaceutical companies have been publicly accused of several high-profile activities to increase profits and stifle competition.  These include: shifting demand to a modified form of an existing brand drug (often called “product hopping”), using authorized generics to retain market share, frivolously filing citizens […]

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Professional Licensing Boards and Antitrust Liability

Filed in Antitrust, Litigation and Liability by on February 26, 2014 1 Comment
Professional Licensing Boards and Antitrust Liability
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Cross-Posted at Bill of Health Should state professional boards, which regulate a growing and diverse array of professions and often are composed of professionals from the regulated community, be immune from federal antitrust liability if they engage in anticompetitive conduct?  The Federal Trade Commission thinks not in all cases, the Fourth Circuit agreed, and the […]

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Restricted Provider Networks and Patient Access: The Need for Contextual Analysis

Restricted Provider Networks and Patient Access: The Need for Contextual Analysis
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Theresa Brown’s op-ed in the New York Times on Sunday, title “Out of Network, Out of Luck,” raised concerns about patients’ access to physicians within a restricted provider network.  Brown describes the market in Pittsburgh, where two large hospital systems, each with an allied health plan, are battling for market share, leaving some patients with […]

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Tara Ragone in Modern Healthcare on potential impact of U.S. Supreme Court hospital antitrust decision

Filed in Antitrust, Health Law by on March 5, 2013 0 Comments
Tara Ragone in Modern Healthcare on potential impact of U.S. Supreme Court hospital antitrust decision
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Research Fellow & Lecturer in Law Tara Ragone appeared in Modern Healthcare on the potential impact of a recent U.S. Supreme Court decision which found a hospital not exempt from antitrust scrutiny, despite its claim to be protected from such through “state action immunity doctrine,” which, according to Modern Healthcare, “gives states wide latitude to […]

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