Dykema Gossett PLLC

Homeostasis: Health Care Law Blog

Posts by James M. Burns


Photo of Homeostasis: Health Care Law Blog James M. Burns
View Bio

Showing 3 posts by James M. Burns.

California Attorney General Settlement of Hospital Merger Challenge Potentially Raises the Stakes for Hospital Mergers Nationwide

A California Superior Court recently approved the settlement of a hospital merger challenge brought by the California Attorney General’s Office against Cedars-Sinai Health System and Huntington Hospital. The action – and subsequent settlement – is noteworthy for at least two reasons. First, unlike in most other health system merger challenges, the two merging systems in this matter were not direct competitors. Second, the merging parties agreed to a number of limitations on their conduct going forward - including price controls and the appointment of a “monitor” to oversee their compliance going forward – that are quite uncommon and restrictive. Read More ›

Biden Executive Order Calls out the Healthcare Industry for More Vigorous Antitrust Scrutiny

Claiming that “federal inaction” has caused a weakening of competition in many U.S. industries, on July 9 President Biden issued an Executive Order directing the Attorney General and the Chair of the Federal Trade Commission to “vigorously” enforce the antitrust laws.  While the Order seeks to increase antitrust enforcement across a wide range of industries, President Biden singles out the healthcare industry for special attention and heightened enforcement. See Executive Order Fact SheetRead More ›

Senate Antitrust Subcommittee Turns the Spotlight on Hospital Consolidation

While much of the antitrust world is focused on the actions brought by federal and state antitrust regulators against “big tech,” the Senate Judiciary Subcommittee on Competition Policy, Antitrust and Consumer Rights recently held a hearing to consider the impact of hospital consolidation on the healthcare industry and consumers.  Led by Subcommittee Chairwoman Senator Amy Klobuchar, the Committee heard divergent views on the causes of hospital consolidation and its potential impacts on consumers. Read More ›