American Bar Association
 
Health Care and Pharmaceuticals

 Section of Antitrust Law

Health Care and Pharmaceuticals


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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.


Newsletters
: 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. 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 Jeff White (Jeff.White@weil.com), Gus Chiarello (gchiarello@ftc.gov) or Leigh Oliver (leigh.oliver@hoganlovells.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 Valentina Rucker (vrucker@wsgr.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).

Featured Event

Dear Friends and Colleagues:

On May 13-14, 2014, the American Bar Association Section of Antitrust Law, Health Law Section, and the American Health Lawyers Association will join together to present the Antitrust in Healthcare Conference 2014. The program will be held at the Ritz-Carlton, Pentagon City in Arlington, Virginia.

To assist us in our planning for the 2014 program, we are asking members of each of our respective organizations to submit programming proposals for the conference. Proposals should reflect the most current issues facing those who practice in the healthcare antitrust arena.

Please submit your program proposal(s) to callforspeakers@healthlawyers.org by November 6, 2013. Proposals will be reviewed by the Planning Committee and topics will be selected by November.

We look forward to receiving your ideas and programming suggestions and to seeing you at the program in May. Thank you for your interest and participation.

Sincerely,

Antitrust in Healthcare 2014 Planning Committee

Jeffrey W. Brennan, McDermott Will & Emery, LLP, Washington D.C.

Douglas C. Ross, Davis Wright Tremaine, LLP, Seattle, WA

Martin J. Thompson, Manatt Phelps & Phillips LLP, Costa Mesa, CA

Committee Links


Newsletters


View our past issues of the Health Care Chronicle and Recent Developments.

more...


Calendar

Committee Events

[Program Materials] Healthcare & Pharma: May & June Recent Developments

July 21, 2014
 
Section Events

    White Papers and Other Voluntary Submissions

    09/24/2014-09/24/2014

    At key moments in agency investigations, a voluntary submission can provide much needed clarity on economic theory, the competitive dynamics of an industry, and/or the likely effects of a given transaction. Our distinguished panelists will explore whether and when to submit a white paper or other voluntary ...

    Minority Interest Acquisitons: New Guideance from

    09/10/2014-09/10/2014

    Minority investments historically have been thought to raise fewer issues from an antitrust law perspective than an acquisition of control of an entity. Minority investments are also associated with unique competitive theories of harm. This panel will feature the European Commissions new white paper ...

    Blurred Lines: Intersection of Antitrust and Consumer Protection

    07/29/2014-07/29/2014
    Wilson Sonsini et al
    Washington

    This panel will focus on the increasing intersection between competition and consumer protection in healthcare markets. Specifically, in the context of Retractable Technologies v. Becton Dickinson, panelists will discuss false advertising and deception as a component of an antitrust claim, the scope ...


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:

Nelson, Philip
Brennan, Jeffrey

Council Representative:

Silber, Seth

Vice-Chairs:

Saint-Antoine, Paul
Knight, Michael
Widnell, Nicholas
Swisher, Anthony
Oliver, Leigh
White, Jeff
Rackow, Lauren

Committee Roster  

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Modified by Julian-Robert Wiley on July 18, 2014

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