At the American Bar Association’s recent antitrust meeting in Washington, D.C., the Federal Trade Commission (FTC) Office of Policy and Coordination’s Deputy Assistant Director Synda Mark cautioned companies seeking to collaborate on environmental initiatives that they are not exempt from antitrust enforcement. Mark commented during a panel discussion that antitrust officials will not “turn a blind eye” to anticompetitive conduct, despite corporate promises of the environmental benefits of collaborative conduct, noting that the FTC works only to prevent economic harms and that environmental justice goals do not “seep into the antitrust analysis.” Read the full Alert on the Duane Morris website.
FTC Announces Crackdown on Deceptive AI Claims and Schemes
As part of its ongoing enforcement efforts against allegedly deceptive and misleading uses of artificial intelligence, the Federal Trade Commission (FTC) disclosed five new enforcement actions on September 25, 2024, against companies across various industries that either allegedly made fraudulent claims about their AI resources or offered AI services that could be used in misleading or deceptive ways. Read the full Alert on the Duane Morris website.
Federal Court Stops the FTC Noncompete Rule from Being Enforced or Taking Effect
On August 20, 2024, the United States District Court for the Northern District of Texas, in the Ryan lawsuit, struck down a final Federal Trade Commission (FTC) rule―which was set to go into effect on September 4, 2024, and ban noncompetition agreements for virtually all U.S. workers―holding that the rule shall not be enforced by the FTC or take effect as to any workers or employers. Read the full Alert on the Duane Morris website.
Understanding the Health Insurance Reimbursement Price-Fixing MDL Formation
I recently reported that Multiplan and certain insurers in its network were accused of being a “cartel” that has agreed to underprice out-of-network reimbursement paid to providers in the Multiplan network in violation of federal antitrust laws. in the matter styled Live Well Chiropractic PLLC, et al. v. Multiplan, Inc., et al., (D. IL Civ. No. 1:24-cv–3680). That antitrust action, along with six other similar actions, were consolidated for pre-trial proceedings by the Joint Panel on Multi-District Litigation (JPML) into a multi-district litigation in the Northern District of Illinois before The Honorable Matthew Kennelly. See JPML Transfer Order.
To read the full text of this post by partner Seth Goldberg, please visit the Duane Morris Health Law Blog.
NCAA Student-Athlete Settlement Proposal Takes Its Best Shot at Resolving Three Antitrust Cases
On July 26, 2024, attorneys for the NCAA, the Power Five conferences and classes of college athletes filed a motion for preliminary approval of a settlement agreement to resolve three antitrust litigations: House v. NCAA, Hubbard v. NCAA and Carter v. NCAA. Read the full Alert on the Duane Morris website.
Billion-Dollar Settlement to Resolve Antitrust Litigation Will Impact Student-Athletes and NCAA Enforcement
On May 23, 2024, the NCAA reached a historic $2.8 billion settlement with former college athletes who had filed an antitrust class action demanding billions in potential compensation allegedly denied to them for decades. This represents a major turning point in college athletics. Read the full Alert on the Duane Morris website.
DOJ and 30 Attorneys General Bring Antitrust Suit Against Live Nation and Ticketmaster
On May 23, 2024, the Department of Justice Antitrust Division (DOJ) and Attorneys General from 29 states and the District of Columbia sued Live Nation and its wholly owned subsidiary, Ticketmaster, for violations of federal antitrust law in the U.S. District Court for the Southern District of New York. United States of America, et al., v. Live Nation Entertainment, Inc., et al., No. 1:24-cv-03973 (S.D.N.Y. May 23, 2024). Among other relief, the government is seeking to require the divestiture of Ticketmaster, a little over a dozen years after DOJ allowed Live Nation to acquire Ticketmaster.
The Complaint alleges that Live Nation “serves as the gatekeeper for the delivery of nearly all live music in America today.” DOJ and the Attorneys General allege that Live Nation controls “around 60% of concert promotions at major concert venues” and that Ticketmaster “controls roughly 80% or more of major concert venues’ primary ticketing for concerts and a growing share of ticket resales in the secondary market.” With that control as leverage, the Complaint alleges that Live Nation and Ticketmaster have violated Sherman Act Sections 1 and 2 and various state competition laws.
DOJ and FTC Launch Public Inquiry into Serial Acquisitions
On March 23, 2024, the Justice Department Antitrust Division (DOJ) and Federal Trade Commission (FTC) jointly issued a Request for Information (RFI) on serial acquisitions and roll-up strategies, a consolidation strategy often used by private equity firms. The RFI seeks information from “any sector or industry in the U.S. economy, including, but not limited to, housing, agriculture, defense, cybersecurity, distribution, construction, aftermarket/repair, and professional services markets. The RFI is intended to complement the federal government’s investigation into healthcare competition.
The public has 60 days to submit comments to the RFI, meaning until July 22, 2024. According to the RFI, public comments will inform FTC and DOJ enforcement priorities and future actions.
Alleged Health Insurance Price-Fixing Cartel Against Multiplan and Insurers
Providers in a putative class action filed on May 7, 2024, claim that Multiplan and certain named insurers in its network are a “cartel” that has agreed to underprice out-of-network reimbursement paid to providers in the Multiplan network in violation of federal antitrust laws.
To read the full text of this post by partner Seth Goldberg, please visit the Duane Morris Health Law Blog.
DOJ Announces Task Force Targeting Anticompetitive Conduct in Health Care Industry
The Department of Justice (DOJ) Antitrust Division’s newly formed Task Force on Health Care Monopolies and Collusion (HCMC) “will guide the division’s enforcement strategy and policy approach in health care, including by facilitating policy advocacy, investigations, and where warranted, civil and criminal enforcement in health care markets,” according to its May 9, 2024 announcement.
The HCMC announcement came on the same day that Assistant Attorney General Jonathan Kanter discussed DOJ’s antitrust enforcement efforts with the Washington Post. In that interview, AAG Kanter stated that “[t]he platformization of health care has resulted in multi-sided giants, intermediaries that have a coordinated stack of businesses that flow together, including payers, including providers, including PBMs, claims processing, banks.” The HCMC “will identify and root out monopolies and collusive practices that increase costs, decrease quality and create single points of failure in the health care industry,” according to DOJ’s press release. Katrina Rouse will lead the HCMC.
The HCMC is yet another effort in the so-called “whole-of-government” approach articulated by the Biden Administration to enforce the antitrust laws, in particular with respect to the health care industry. In March, DOJ, with the Federal Trade Commission and U.S. Department of Health and Human Services, jointly issued a Request for Information requesting public comment on transactions in the health care space. Earlier this month, the agencies extended the comment period by 30 days with the new deadline being June 5, 2024.