The Antitrust Legacy of Judge Louis Pollak
The Legal Intelligencer
Monday, July 16, 2012
Judge Louis Pollak wore many hats and robes over the 89 years of his life, all with marked distinction. He excelled as an appellate advocate, a law school professor, and a dean of two prestigious law schools. Yet, his greatest professional legacy, the role in which his talents and temperament were on utmost display, is his tenure as a federal judge.
Health Care Mergers: Time for the Supreme Court to Jump in?
The Legal Intelligencer
Monday, June 18, 2012
Health care mergers, particularly hospital mergers, have been at the epicenter of the increase in antitrust activity in the health care industry over the past few years. The Department of Justice and the Federal Trade Commission, as well as state attorneys general, are focusing their attention on the health care industry, with a particular interest in monitoring, and often blocking, hospital mergers. Now, it looks like the U.S. Supreme Court might get involved in the debate. The DOJ and FTC's increased scrutiny of hospital mergers has a hospital merger poised to possibly be the first merger matter taken on by the Supreme Court in more than 30 years, which could alter the antitrust landscape.
Antitrust and Health Care: The Floodgates Have Opened
The Legal Intelligencer
Monday, May 7, 2012
The health care industry has been a hotbed of antitrust activity for several years now, but this year, the activity seems to have reached a fever pitch. Antitrust violations in the health care sector are enforced by both the Federal Trade Commission and the Department of Justice, as well as state attorney general's offices and private parties. All three government entities have increased their scrutiny of potential antitrust violations in the health care industry over the past several years and, as opposed to showing signs of slowing down, they all are showing signs of ramping up their efforts.
Economics Experts in Antitrust Cases: Do Novel Theories Have a Place?
The Legal Intelligencer
Tuesday, April 3, 2012
Antitrust law is implicitly drawn on economic ideas, and over the past half century, its reliance on economic theories has become increasingly intertwined. As antitrust cases continue to grow more complex, and as economic science expands, it begs the question: Is the courtroom an acceptable forum for establishing an antitrust expert's novel theories or methodologies? Daubert v. Merrell Dow Pharmaceuticals , 509 U.S. 579 (1993), its progeny, and noteworthy circuit court decisions addressing the admissibility or methodologies of experts in antitrust cases suggest not.
Common Question Confusion in the 3rd Circuit After Sullivan
The Legal Intelligencer
Monday, March 12, 2012
If you bought a diamond at retail in Pennsylvania between 1994 and 2006, Dec. 20, 2011, was your lucky day.
FTC Preserves Status Quo in Long-Term Care Pharmacy Market
The Legal Intelligencer
Monday, March 5, 2012
Omnicare Inc.'s eight-month pursuit of acquiring PharMerica Corp. finally crumbled recently under the weight of the Federal Trade Commission's lawsuit. If successful, Omnicare's post-acquisition market share would have been 57 percent of the long-term care pharmacy (LTC pharmacy) market. The FTC stepped in to stop what it believed would have been a resulting anti-competitive advantage that would hurt the health care market, its patients and the taxpayers "who foot much of the bill under Medicare."
