Recently, for the first time in 24 years, the Federal Trade Commission (“FTC”) published revisions to its guidelines on advertising allowances and other promotional payments and services, widely known as the Fred Meyer Guides (“Guides”). Originally published in 1969, the Guides explain Sections 2(d) and 2(e) of the Robinson-Patman Act, which require a seller that pays for or provides promotional allowances to customers to do
Read More FTC Publishes Revised Guides for Advertising Allowances and Other Merchandising PaymentsFederal Trade Commission Expands Requirements for Reporting Pharmaceutical Patent License Transactions
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Upcoming revisions to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”) will result in numerous additional pharmaceutical licensing transactions becoming subject to filing requirements under the HSR Act. On November 6, the U.S. Federal Trade Commission (the “FTC”) released the final version of amendments to be made to the HSR Act. The amendments will impact the analysis of whether parties to…
Read More Federal Trade Commission Expands Requirements for Reporting Pharmaceutical Patent License TransactionsBusiness Torts as Little FTC Act Claims: Does the Difference Really Make a Difference?
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Section 5(a)(1) of the Federal Trade Commission Act (the FTC Act), 15 U.S.C. § 45(a)(1), prohibits, among other offenses, “unfair or deceptive acts or practices.” Twenty-eight states have en-acted FTC Act analogues, which are commonly referred to as “Little FTC Acts.” See chart appended as Exhibit A.
Because these state statutes are based on the FTC Act, states have long looked to precedent under…
Read More Business Torts as Little FTC Act Claims: Does the Difference Really Make a Difference?The FTC’s Revised Green Guides
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On October 1, 2012, the Federal Trade Commission (FTC) issued final revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guidance). The FTC will publish the more than 300-page Green Guides in the Federal Register at 16 C.F.R. Part 260; you may review the text of the Guidance here and at the FTC’s website. Though the Guidance does not…
Read More The FTC’s Revised Green GuidesSignificant Developments in Clinical Integration: Federal Trade Commission Opinion Approves of Physician-Hospital Organization Proposal to Negotiate Jointly with Payers
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On April 13, 2009, the Federal Trade Commission’s Bureau of Competition, Health Care Division (“BC”) issued a 37-page Advisory Opinion (“Opinion”) to TriState Health Partners, Inc. (“TriState”), a physician-hospital organization based in Hagerstown, Maryland, stating that the BC would not recommend that the Commission challenge TriState’s proposed clinical integration program under the antitrust laws. The Opinion is noteworthy because it provides the most detailed discussion…
Read More Significant Developments in Clinical Integration: Federal Trade Commission Opinion Approves of Physician-Hospital Organization Proposal to Negotiate Jointly with PayersShould the Antitrust Division, the FTC, and State Attorneys General Formally Allocate the Market for Antitrust Enforcement?
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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