Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: March 3, 2015
The Firm
201-896-4100 info@sh-law.comPrior to the 1970s, regulators did not enforce anti-competition laws against professional service providers. However, in Goldfarb v. Virginia State Bar, the U.S. Supreme Court ruled that Congress did not intend any sweeping “learned profession” exclusion from the Sherman Act. Accordingly, a minimum fee schedule for title examinations, as published by the Fairfax County Bar Association, violated the anti-trust statute.
Following the Supreme Court’s ruling, the FTC began to examine restrictions on competition adopted by professional associations. In December 1975, the FTC filed an administrative complaint against the American Medical Association, alleging that the association’s “Principles of Medical Ethics” unreasonably restrained trade by prohibiting advertising and solicitation.
According to the FTC, “Ethical principles of the medical profession have prevented doctors and medical organizations from disseminating information on the prices and services they offer, severely inhibiting competition among health care providers.” The Second Circuit Court of Appeals agreed with the FTC, and the U.S. Supreme Court ultimately affirmed the decision.
According to the FTC, the precedent set forth in the AMA case has influenced more than 100 FTC cases. The FTC’s growing health care initiatives also ultimately led to the creation of the Bureau of Competition’s Health Care Division. In recent years, the FTC has focused its efforts on promoting competition in health care markets, preventing false and deceptive health claims, and improving transparency with respect to health care products and services.
Today, the FTC is again reviewing its health care initiatives in light of the rapidly evolving health care industry, including changes under the Affordable Care Act (ACA). In the Federal Register Notice published in conjunction with the workshop, the FCC identified the following issues of concern: early observations regarding accountable care organizations; alternatives to traditional fee-for-service payment models; trends in provider consolidation; trends in provider network and benefit design strategies, as well as contracting practices and regulatory activity that may enhance or undermine these strategies; and early observations regarding health insurance exchanges.
Do you have any feedback, thoughts, reactions or comments concerning this topic? Feel free to leave a comment below and follow the twitter accounts @CyberPinguelo, @eWHW_Blog, @S_H_Law. If you have any questions about this post or would like assistance with your data security efforts, please contact me or the Scarinci Hollenbeck attorney with whom you work. To learn how Scarinci Hollenbeck can be of assistance, please visit Scarinci Hollenbeck Cyber Security and Data Protection Law Practice.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Author: Dan Brecher
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Author: Dan Brecher
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!