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Health Care Antitrust

DOJ Requires Aetna to Divest Part D Plan to Proceed with Merger with CVS Health
On Wednesday, the U.S. Department of Justice indicated that it would require Aetna to divest its Medicare Part D prescription drug plan business before it merges with CVS Health.
Oct 12, 2018
DoJ Will Not Block Cigna Express Scripts Merger
The Justice Department green lights the proposed merger to Cigna and Express Scripts, Inc.
Sep 20, 2018
Governors Author Bipartisan State Health Reform Blueprint
A handful of governors from both parties issue outline for health coverage expansion as well as payment and delivery reform and provider consolidation.
Mar 5, 2018
Comments to HHS Secretary Alex Azar on a Request for Information (RFI) on Promoting Healthcare Choice and Competition
The National Business Group on Health sent comments to HHS Secretary Alex Azar providing employer perspectives on consolidation in healthcare markets and abuses of market power, the need for improved consumer access to quality information and reforms to increase competition in the prescription drug market.
Jan 25, 2018
2017 Response to the FTC's "Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics" workshop on November 8, 2017
The Business group supports the FTC's efforts in taking a comprehensive look at the supply side of the prescription drug market, through the lens of the generic drug market, pharmaceutical intermediaries, and group purchasing organizations. Please open the letter for our specific policy recommendations.
Dec 8, 2017
Manufacturer Lawsuit Challenges Common Drug Industry
A recent lawsuit alleges that exclusionary contracting arrangements, including rebate terms, with insurers and PBMs amount to anticompetitive practices prohibited by antitrust law, and have served to inhibit biosimilar competition.
Sep 29, 2017
Anthem May Petition U.S. Supreme Court to Allow Merger with Cigna
Though a Delaware state court ruled yesterday that Cigna could end its merger plans with Anthem, Anthem may still petition the U.S. Supreme Court to overturn lower court rulings that halted its proposed merger with Cigna.
May 12, 2017
Major Illinois Hospital Systems Abandon Merger after Court Ruling
Earlier this week, U.S. District Judge Jorge Alonso granted the FTC’s and the State of Illinois’ request for a preliminary injunction halting the state’s largest health system from merging with a prominent health system centered in the wealthy northern suburbs of Chicago, a coveted health care market.
Mar 16, 2017
Federal Judge Blocks Anthem and Cigna Merger
Recently, U.S. Federal District Court Judge Amy Berman Jackson blocked a proposed merger between Anthem and Cigna.
Feb 16, 2017
Federal Judge Blocks Aetna and Humana Merger
Recently, U.S. Federal District Court Judge John Bates blocked a proposed merger between Aetna and Humana.
Feb 1, 2017
FTC May Fight on After Court Loss in Pennsylvania Hospital Merger
Recently, a federal district court judge ruled against the FTC’s motion for an injunction to stop a proposed hospital merger between Penn State Hershey Medical Center and PinnacleHealth System that, if combined, would control more than 64% of general acute care in the area surrounding Harrisburg, PA.
May 13, 2016
Major Northern CA Health System Requires Self-Funded Employers to Directly Sign Contracts or Pay Out-of-Network Prices
A large northern California health system with a market share of over 45% (physicians/hospitals) in 6 counties in the Bay area is requiring self-insured plans to directly sign arbitration contracts or pay 95% of out-of-network prices.
Apr 19, 2016
FTC Announces that Pay-for-Delay Deals Are on the Decline
According FTC data, deals between brand name and generic drug manufacturers to delay generic market entry in exchange for compensation are on the decline.
Jan 26, 2016
FTC Moves to Block Hospital Mergers in Illinois, Pennsylvania and West Virginia
Recently, the Federal Trade Commission (FTC) took legal steps to block hospital mergers in IL, PA, and WV citing reduced competition, increased prices and reduced quality.
Jan 13, 2016
Budget Deal Would Avert Debt Default
Outgoing House Speaker John Boehner (R-OH), House Minority Leader Nancy Pelosi (D-CA), Senate Majority Leader Mitch McConnell (R-KY) and Minority Leader Harry Reid (D-NV) have reached a deal to avoid a government default on November 3.
Oct 30, 2015
FTC Delay of Major Illinois Hospital Deal Could Signal More Intense Scrutiny of Mergers
As consolidation in the health care industry accelerates, the FTC has pushed the pause button on a high profile merger of the largest health system in Illinois with a prominent health system centered in the wealthy northern suburbs of Chicago, a coveted health care market.
Apr 23, 2015
Federal Appeals Court Upholds FTC Merger
In a major victory for the Federal Trade Commission (FTC), a federal appeals court recently upheld a district court decision requiring an Idaho hospital system to divest its acquisition of a large physician group practice.
Feb 23, 2015
Federal Trade Commission (FTC) Okays Merger of Express Scripts, Inc. and Medco Health Solutions, Inc
Though the merged company will increase the concentration in the PBM services market, the FTC says it is not likely to decrease competition.
Apr 3, 2012
Comments to the Centers for Medicare and Medicaid Services (CMS) on the Final Rule Establishing Accountable Care Organizations (ACOs)
The National Business Group on Health sent comments to the Centers for Medicare and Medicaid Services (CMS) on the final rule implementing Section 3022 of the Patient Protection and Affordable Care Act (ACA) establishing the Medicare Shared Savings Program and Accountable Care Organizations (ACOs).
Nov 29, 2011
Federal Trade Commission (FTC) Wins Landmark Hospital Antitrust Case
Policy Alert - October 26, 2005
Oct 26, 2005

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