Health Care Antitrust Issues

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Advisory Opinions

Staff Opinion Letter Concerning Discounted Pharmaceuticals and Medical Devices Under the Non-Profit Institutions Act

Date

September 2, 2021

FTC Staff Advisory Opinion Letter from Markus Meier to Doylestown Health Foundation (229.28 KB)

Advisory Opinions

Quest Analytics Group

Date

March 10, 2014

Addresses whether a group purchasing organization based prescription-drug program operated for the benefit of a group of non-profit schools, colleges, and universities would fall within the Non-Profit...

Staff Advisory Opinion Letter from Markus H. Meier, Assistant Director, Health Care Division, Bureau of Competition, to James L.S. Cobb, Esq., Wyrick Robbins Yates & Ponton LLP, Concerning Quest Analytics Group’s Proposal for a Group Purchasing Organization Based Prescription Drug Program (280.84 KB)

Advisory Opinions

Norman Physician Hospital Organization

Date

February 13, 2013

Letter from Markus H. Meier, Assistant Director, Health Care Division, Bureau of Competition to Michael E. Joseph, Esq., McAfee & Taft, Concerning Norman PHO’s Proposal to Create a “Clinically Integrated” Network, dated February 13, 2013 (1.3 MB)

Incoming Letter from Norman Physician Hospital Organization, dated May 26, 2011 [Redacted Public Version] (2.5 MB)

Advisory Opinions

The Methodist Hospital System

Date

November 30, 2012

Letter From Markus H. Meier, Assistant Director, Health Care Division, Bureau of Competition, to Dionne C. Lomax, Vinson & Elkins LLP, Concerning Methodist Hospital System’s Proposal to Sell Certain Critical Shortage Drugs, dated November 30, 2012 (155.6 KB)

Incoming Letter from The Methodist Hospital System, dated July 25, 2012 (1.09 MB)

Advisory Opinions

Generic Pharmaceutical Association

Date

August 8, 2012

Letter From Markus H. Meier, Assistant Director, Health Care Division, Bureau of Competition, to E. John Steren, Ober, Kaler, Grimes & Shriver, Concerning the Generic Pharmaceutical Association's Proposed Initiative to Address Drug Shortages, dated August 8, 2012 (446.24 KB)

Incoming Letter from the Generic Pharmaceutical Association, Inc., dated July 16, 2012 [Public Record Version] (451.33 KB)

Advisory Opinions

Rx-360 International Pharmaceutical Supply Chain Consortium

Date

September 16, 2010

Letter to Joanne Lewers, Concerning Proposal regarding the Rx-360 International Pharmaceutical Supply Chain Consortium (“Rx-360") to implement two supplier audit programs, which would permit pharmaceutical manufacturers to: (1) share information about the quality and safety of ingredients purchased from common suppliers; and (2) share the costs of sponsoring quality and safety audits of common suppliers. (54.15 KB)

Advisory Opinions

Yakima Valley Memorial Hospital

Date

September 16, 2010

Letter from Markus H. Meier to Robert J. Walerius, Concerning Whether, Under the Non-Profit Institutions Act Exemption From the Robinson-Patman Act, Yakima Valley Memorial Hospital May Sell Discounted Pharmaceutical Products To Employees of Two Affiliates, Memorial Physicians, PLLC, and Valley Imaging (238.44 KB)

Advisory Opinions

Community CarePartners, Inc.

Date

July 2, 2010

Letter from Markus H. Meier to Vincent D. Childress, Jr., dated July 2, 2010, concerning whether, under the Non-Profit Institutions Act (“NPIA”) exemption to the Robinson-Patman Act, Community CarePartners, Inc. may lawfully extend sales of NPIA-discounted pharmaceutical products to its in-home hospice patients (92.44 KB)

Advisory Opinions

University of Michigan

Date

April 9, 2010

Letter from Markus H. Meier to Kathleen Reed, dated April 9, 2010, concerning whether, under the Non-Profit Institutions Act exemption to the Robinson-Patman Act, University of Michigan may lawfully establish and operate a GPO replenishment-based drug benefit program (465.86 KB)

Advisory Opinions

TriState Health Partners, Inc.

Date

April 13, 2009

Letter from Markus H. Meier to Christi J. Braun, dated April 13, 2009 concerning a proposal by a physician-hospital organization (PHO) to negotiate contracts with payers in connection with its integrated services program (276.2 KB)

Incoming Letter from Christi Braun, dated July 9, 2007 [Public Record Version] (4.74 MB)

Advisory Opinions

Kaiser Foundation Health Plan

Date

February 13, 2008

Letter from Markus H. Meier to Robert E. Bloch, dated February 13, 2008, concerning whether -- under the Nonprofit Institutions Act exemption to the Robinson-Patman Act -- Kaiser may lawfully purchase discounted pharmaceuticals for use in certain programs (114.9 KB)

Advisory Opinions

Greater Rochester Independent Practice Association, Inc.

Date

September 17, 2007

Letter from Markus H. Meier to Christi J. Braun and John J. Miles, dated September 17, 2007 concerning a proposal by a physician association to negotiate contracts with payers in connection with its integrated services program (1.79 MB)

Advisory Opinions

MedSouth, Inc.

Date

June 18, 2007

Re: Follow-Up to February 9, 2002 MedSouth, Inc. Staff Advisory Opinion

Letter from Markus H. Meier to John J. Miles, Ober, Kaler, Grimes & Shriver, Dated June 18, 2007 (1.57 MB)

Advisory Opinions

St. John's Health System

Date

September 13, 2006

Letter from Markus H. Meier to Michael Merrigan, dated September 13, 2006, concerning the provision of pharmaceuticals by St. John's Regional Health Center, a non-profit hospital, to three hospital-owned pharmacy sites, under the Non-Profit Institutions Act (35.94 KB)

Advisory Opinions

Alpena Public Schools

Date

June 16, 2006

Letter from Markus H. Meier to Kathleen A. Reed, dated June 16, 2006, concerning a program to transfer pharmaceuticals at cost between a non-profit hospital and a non-profit public school system (870.79 KB)

Advisory Opinions

Suburban Health Organization

Date

March 28, 2006

Letter from David R. Pender to Clifton E. Johnson and William H. Thompson, dated March 28, 2006, concerning the antitrust implications of a proposal to undertake a program involving partial integration among eight independent Suburban Health Organization (630.34 KB)

Advisory Opinions

North Mississippi Health Services

Date

August 16, 2005

Letter from David R. Pender to Bruce J. Toppin, dated August 16, 2005, concerning the transfer of pharmaceuticals at cost by non-profit hospital to patients of non-profit clinic and hospice (19.93 KB)

Advisory Opinions

Stevens Hospital, of Edmonds, Washington

Date

April 18, 2005

Letter from David Pender to Gordon J. Oakes, dated April 18, 2005, Concerning the Applicability of the Non-Profit Institutions Act Amendments to the Robinson-Patman Act to Stevens' Proposed Pricing of Pharmaceuticals (18.42 KB)

Incoming Letter from Stevens Hospital, dated March 4, 2005 (50.38 KB)

Advisory Opinions

Bristol-Myers Squibb Company

Date

May 24, 2004

re: Proposed settlement of infringement litigation with Teva Pharmaceuticals involving sharing of the exclusivity period for the drug Paraplatin.

Letter from Donald S. Clark to Richard J. Stark, dated May 24, 2004 (28.67 KB)

Advisory Opinions

Dunlap Memorial Hospital

Date

January 6, 2004

re: Transfer of pharmaceuticals at cost by non-profit hospital to patients of non-profit Free Clinic

Letter from Jeffrey W. Brennan to Judy Erb, dated January 6, 2004 (16.21 KB)

Displaying 1 - 20 of 119

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