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A revitalized focus on antitrust in healthcare has increased healthcare companies’ concerns about their compliance status. On this episode of In the Trenches, Brian Stimson, McDermott partner and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services (HHS), and Antitrust partner Justin Murphy, former trial lawyer in the Department of Justice Antitrust Division, connect for an overview of healthcare antitrust enforcement issues and proactive steps companies need to take in See more +
A revitalized focus on antitrust in healthcare has increased healthcare companies’ concerns about their compliance status. On this episode of In the Trenches, Brian Stimson, McDermott partner and former Acting General Counsel and Principal Deputy General Counsel for the US Department of Health and Human Services (HHS), and Antitrust partner Justin Murphy, former trial lawyer
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The Department of Justice’s Antitrust Division (DOJ) has once again indicted health care individuals and a health care company for violations of Section 1 of the Sherman Act. On March 30, 2021, the DOJ indicted a Regional Manager (
United States v. Hee et al., Case No. 2:21-cr-00098-RFB-BNW (D. Nev.)), who was responsible for managing the office’s hiring of nurses and developing new customers that needed nurse staffing services in Nevada, Arizona, and Utah, as well as competing companies.
Pharma companies, as well as health care companies, should be aware of this indictment because the DOJ continues to pursue Wage Fixing and No-Poaching Agreement cases in the health care area.
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Last week, a federal grand jury returned an indictment against a Nevada temporary staffing agency and manager who allegedly conspired with a competitor to fix wages for temporary nurses assigned to a public school district. The indictment claims that the competitors agreed not to hire each other’s nurses and to limit wages offered to temporary nursing personnel. The Department of Justice brought criminal claims under the Sherman Act, which could result in penalties as high as 10 years in prison and $1 million for individuals and up to $100 million against corporations found to have violated the law.
Tuesday, April 6, 2021
The antitrust outlook in the United States is marked by uncertainty. This article identifies some issues to watch.
Some Recent Surprises
Historically, U.S. antitrust enforcement has been marked more by continuity than by abrupt change. During the past few decades, we saw an evolution away from blanket rules of
per se legality or illegality under federal law (
e.g., resale price maintenance and inflexible merger standards), a greater emphasis on economic analysis of likely competitive effects, and an attempt to strike a balance between overly aggressive enforcement (which inhibits potentially procompetitive conduct benefiting consumer welfare) and overly lenient enforcement (which risks adverse consumer welfare consequences).
To embed, copy and paste the code into your website or blog:
The antitrust outlook in the United States is marked by uncertainty. This article identifies some issues to watch.
Some Recent Surprises
Historically, U.S. antitrust enforcement has been marked more by continuity than by abrupt change. During the past few decades, we saw an evolution away from blanket rules of
per se legality or illegality under federal law (
e.g., resale price maintenance and inflexible merger standards), a greater emphasis on economic analysis of likely competitive effects, and an attempt to strike a balance between overly aggressive enforcement (which inhibits potentially procompetitive conduct benefiting consumer welfare) and overly lenient enforcement (which risks adverse consumer welfare consequences).