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.

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan
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!