The communications industry is experiencing an unprecedented wave of mergers and acquisitions. Merging entities and their counsel are, of course, resigned to the fact that federal regulatory and antitrust enforcement agencies, as well as state public service commissions, must be consulted before most are finalized. It can, however, be unsettling, when the same merger that is being scrutinized by the “feds” also draws the attention
Read More Coordinated State Antitrust Enforcement: Federalism in the ’90sPublished Work
Enforcement by Antitrust Division Suggests New Attitude Toward Most-Favored National Clauses
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During the past twenty years, most-favored-nation (MFN) clauses have proliferated in contracts between third-party payers and health care providers throughout the country. These clauses, in their various forms, require the provider of health care services to guarantee to the third-party payer that the provider will charge to that payer the provider’s very lowest prices for any services rendered.2 While at first blush, such price…
Read More Enforcement by Antitrust Division Suggests New Attitude Toward Most-Favored National Clauses