In this issue: The FTC and DOJ have created a Draft Proposal regarding how they might analyze competitive aspects of ACOs created under ObamaCare.The Draft contains features from both conventional…

Laura Atlee, Yves Botteman, May 12, 2011 We have previously discussed the Akzo Nobel Chemicals case, in which the Court of Justice of the European Union (formerly European Court of Justice) continued to…

David Argue, John Gale, May 12, 2011 The Affordable Care Act signed into law in March 2010 has promised that the concept of accountable care organizations (“ACOs”) will transform how…

Tasneem Chipty, May 12, 2011 Health care markets involve a complex interaction of facilities, physicians, and health plans to deliver patient care. Under ideal circumstances, the forces of competition would…

David Pearl, Toby Singer, May 12, 2011 On March 31, 2011, the Federal Trade Commission and the Antitrust Division of the Department of Justice (the “FTC and “DOJ” or the…

Daniel Bachner, Mark Popofsky, Jane Willis, May 12, 2011 On March 31, 2011, the Federal Trade Commission (“FTC”) and the U.S. Department of Justice (“DOJ”) released a joint Proposed Statement…