The Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, and state attorneys general, as any antitrust aficionado knows, have dramatically improved the level of communication, cooperation, and coordination among themselves in the investigation and prosecution of antitrust violations during the past decade.1 Two important examples of such coordination are the 1998 Protocol for Coordination in Merger Investigations Between the Federal
Read More Should the Antitrust Division, the FTC, and State Attorneys General Formally Allocate the Market for Antitrust Enforcement?Recent Developments Concerning the Non-Profit Institutions Act
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Non-profit hospitals and other non-profit or charitable health care organizations may be able to claim a limited exemption from the antitrust laws for the purchase and resale of supplies for their own use under the Non-Profit Institutions Act (15 U.S.C. § 13c.).
In general, the Robinson-Patman Act prohibits the contemporaneous sale in interstate commerce of commodities of like grade and quality for use or resale within…
Read More Recent Developments Concerning the Non-Profit Institutions ActNew Guidelines Try to Reverse Perceived “Chilling Effect’ on Network Development
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While all nine statements in the Statements of Antitrust Enforcement Policy in Health Care were re-issued by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) on Aug. 28, only Statement 8 on physician network joint ventures and Statement 9 on multiprovider networks were actually revised.
The revisions to Statements 8 and 9 am intended to give health care providers greater flexibility in…
Read More New Guidelines Try to Reverse Perceived “Chilling Effect’ on Network Development