Now available on the FTC website: the Bureau of Competition’s Health Care Division has posted updated versions of our three overviews of FTC enforcement actions and policy work in the health care sector undertaken across the Bureau. Together, these documents contain hundreds of pages of detailed summaries of four decades of FTC efforts to promote competition in healthcare markets – which make them invaluable resources for health care antitrust practitioners, market participants, and other stakeholders.
We’ve organized the materials in a variety of ways – by industry, by antitrust claim, and then by date – and the overviews contain an index of case names at the end for easy reference. For more details about any specific matter, you can access all other case materials (press releases, complaints, and Commission orders, for example) through hyperlinks to other parts of the website.
Here’s a preview of what you can find in these up-to-date resources:
Overview of FTC Actions in Health Care Services and Products. Here you’ll find FTC actions dating back to the 1980’s involving health care services and products. This includes FTC cases related to anticompetitive conduct by health care providers or trade associations, and merger enforcement actions involving hospitals, physician practice groups, and medical device manufacturers. There’s also a list of industry guidance statements, such as the Statements of Antitrust Enforcement Policy in Health Care, and a list of cases in which providers asserted a state action defense to an antitrust claim.
Overview of FTC Actions in Pharmaceutical Products and Distribution. This document compiles the FTC’s competition work involving pharmaceuticals. For instance, it catalogs all our administrative and federal court enforcement actions involving anticompetitive reverse-payment settlements. It also describes FTC divestiture orders in over 50 pharmaceutical mergers, as well as those involving mergers between pharmaceutical wholesalers or retail pharmacies. You can also find summaries of important advocacy work, such as amicus briefs.
Topic and Yearly Indices of Health Care Antitrust Advisory Opinions by Commission and by Staff. Under Commission Rules, the Commission or its staff may issue guidance in the form of advisory opinions concerning proposed conduct. The process starts with a request for advice by individuals or organizations planning to engage in conduct that they believe may raise antitrust concerns. Over the years, the Bureau staff has issued many advisory opinions involving issues in the health care field. This document organizes those advisory opinions by topic, such as network joint ventures, joint purchasing arrangements, information exchanges, standard setting programs, and the like. There is also a chronological list of the opinions, going back as far as 1982.
We expect to update these materials periodically, and welcome feedback on how to improve them.