Eight years ago, in the fall of 2002, we authored an article in the pages of the Antitrust Report that warned of the dangers of assuming that state antitrust law would always be the same as its federal counterpart.1 That warning is even more salient today than when originally written. The United States Supreme Court’s 2007 decision in Leegin Creative Leather Products, Inc. v.
Read More So You Still Think You’re Safe Under the Antitrust Laws? Another Word of Advice To Those Who Would Ignore The StatesAntitrust Report
The Revised Statements of Antitrust Enforcement Policy in Health Care May Substantially Advance the Creation of New Provider Networks
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Introduction
The Antitrust Division of the United States Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) released a revised version of their “Statements of Antitrust Enforcement Policy in Health Care” (“Guidelines”) on August 28, 1996. While all nine Statements contained in the Guidelines were reissued, only Statement 8 on physician network joint ventures and Statement 9 on multiprovider networks were revised. A seemingly…
Read More The Revised Statements of Antitrust Enforcement Policy in Health Care May Substantially Advance the Creation of New Provider Networks