American Bar Association
 
Health Care and Pharmaceuticals

 Section of Antitrust Law

Health Care and Pharmaceuticals


Mission Statement





The Health Care and Pharmaceuticals Committee covers antitrust issues affecting the entire health care sector, including hospitals, physicians, and health plans, as well as manufacturers and distributors of pharmaceuticals and medical devices. In particular, we track and analyze court cases; enforcement actions taken by the Department of Justice, Federal Trade Commission, and foreign competition authorities; and legislative initiatives. We also monitor scholarly journals and other publications that relate to the industry.

Our Committee oversees the preparation of numerous health-related publications, organizes programs, and prepares position papers commenting on proposed legislation or agency policy initiatives. We also maintain this website and operate a Listserv that facilitates discussions among individuals interested in health care and pharmaceutical antitrust issues and that allows us to circulate news about recent events.

Publications: The Antitrust Health Care Chronicle is our scholarly newsletter that is published monthly. Health Care Antitrust Recent Developments is a bi-monthly update on recent antitrust developments in the health care and pharmaceutical industries. Our Health Care Antitrust Week-In-Review is a weekly update of events. We also regularly contribute content to ABA antitrust publications including the Antitrust Section's seminal treatise Antitrust Law Developments, and prepare numerous book-length publications on topics related to health care and pharmaceuticals.


Programs
: We arrange for a variety of programs that vary in formality and focus. Our committee programs discuss recent court decisions and other current issues, typically drawing on individuals that have direct knowledge of the recent events. We sponsor more formal "teleseminars" that provide more in-depth treatment of health care issues and offer the participants CLE credit. In addition, the Committee presents programs at Antitrust Section meetings, and on a bi-annual basis co-sponsors a two-day conference dedicated entirely to health care antitrust issues.

If you would like to learn more about the Committee, or become active in our work, please contact the Chair or one of the Vice-Chairs. Addresses, phone numbers, and email links appear under the "Committee Leadership" section of this website.



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Committee Programs/Teleseminar Programs

The Committee regularly hosts Committee and Teleseminar Programs that involve individuals who can provide valuable insights into recent developments in health care antitrust. We are always looking for ideas for new committee programs. If you have an idea for a program, please contact Philip Nelson (Nelson.p@ei.com), Lauren Rackow (LRackow@cahill.com), or Paul Saint-Antoine (Paul.Saint-Antoine@dbr.com).

Law School Programs

The Committee is working on developing health care antitrust programs that will be delivered at law schools in different parts of the country. We are currently looking for law schools that are interested in co-sponsoring these programs and determining what topics would be of interest to the law schools. If you are interested in working on this effort, please contact Philip Nelson (nelson.p@ei.com).

Committee Newsletter (The Antitrust Health Care Chronicle)

The Committee publishes this newsletter several times a year. We are always looking for quality articles and people to help edit articles that are to be published. If you would like to get involved, please contact Leigh Oliver (leigh.oliver@hoganlovells.com), Valentina Rucker (vrucker@wsgr.com), or Amanda Lewis (amanda.lewis@gmail.com).

Recent Developments in Health Care

The Committee publishes a bulletin that provides short overviews of health care news in a timely fashion. We are always looking for people to monitor health care developments and to provide short summaries for publication. If you would like to get involved, please contact Kari Wallace (KWallace@ftc.gov), Jeff Brennan (Jbrennan@mwe.com) or Philip Nelson (nelson.p@east.ei.com).

Health Care Antitrust Week-In-Review

The Committee publishes a weekly electronic news alert that lists and provides a brief description of events that occurred during the previous week. We are always looking for people to monitor health care developments and to provide short summaries for publication. If you would like to get involved, please contact Robin van der Meulen (RVanDerMeulen@LABATON.COM), Jeff Brennan (Jbrennan@mwe.com) or Philip Nelson (nelson.p@east.ei.com).


Handbooks and Other Book Length Publications

The Committee sponsors the writing of book-length publications. While a number of these are underway (and already have authors and editors), we are always looking for new quality publication projects to undertake. If you have an idea for a publication, please contact Jeff Brennan (Jbrennan@mwe.com) or Philip Nelson (nelson.p@east.ei.com).

Webpage

The Committee tries to maintain an up-to-date and helpful webpage. While a number of efforts are underway to improve the webpage, we are always looking for new ideas and effort, please contact Patrick English (patrick.english@lw.com).

Other Ideas?

If you have other ideas regarding projects that the Committee could undertake, please contact Philip Nelson (nelson.p@east.ei.com) or Jeff Brennan (jbrennan@mwe.com).


Committee Links


Newsletters


View our past issues of the Health Care Chronicle, Recent Developments, and Health Care Antitrust Week-in-Review.

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Calendar

Committee Events

Risk Evaluation and Mitigation Strategies (REMS): Balancing Brand Justifications and the Proper Role of Antitrust Enforcers

November 19, 2014
Mark your calendars to join the Healthcare and Pharmaceuticals and Federal Civil Enforcement Committees for our upcoming program.
 
Section Events

    Health Care Exchanges: Antitrust and Competition Issues

    11/24/2014-11/24/2014

    This program will address the impact of the Affordable Care Act's health care exchanges on competition in the market for individual health insurance. We will also discuss what the first full year of health care exchanges has revealed about consumer preferences and product design. Finally, we will look ...

    NC Dental Amici: The Scope of the State Action Doctrine

    12/01/2014-12/01/2014
    American Bar Association
    Washington

    This is the second in the series of NC Dental amici. In NC Dental v. FTC, the Supreme Court will review the scope of the state-action doctrine of federal antitrust immunity, with important implications for how state regulatory boards are constituted and governed. Numerous amici have weighed in on how ...

    Taking Stock of the State Action Doctrine In Light of North Carolina Board of Dental Exambers v. FTC

    12/03/2014-12/03/2014

    In North Carolina State Board of Dental Examiners v. FTC, the Supreme Court will consider whether a state regulatory agency can be considered a private actor if a majority of its members are market participants who are elected to the post by other market participants. This program will take place shortly ...


Programs


Please click to see all past programs that are sponsored by the Committee.

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Annual Plan, Long Range Plan


Links


Click to view links to external sites related to antitrust and healthcare.

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Leadership

Co-Chairs:

Brennan, Jeffrey
Nelson, Philip

Council Representative:

Silber, Seth

Vice-Chairs:

Knight, Michael
Oliver, Leigh
Rackow, Lauren
Rucker, Valentina
Saint-Antoine, Paul
Swisher, Anthony
Widnell, Nicholas

Committee Roster  

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Modified by Julian-Robert Wiley on November 14, 2014

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