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The U.S. healthcare system has been undergoing significant
changes since the passage of the Affordable Care Act in 2010, which
helped precipitate a wave of hospital and healthcare system
consolidation, as providers sought out ways to achieve scale to
reduce costs and improve quality.
Over the same period of time, the U.S. Federal Trade Commission
(FTC) and Department of Justice, Antitrust Division (DOJ) continued
to closely scrutinize provider transactions. The FTC in
particular reinvigorated its hospital merger enforcement in the
early 2000s and successfully challenged a number of hospital
The State of Competition in the U S Healthcare Industry | Sheppard Mullin Richter & Hampton LLP
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Competition in the U S Healthcare Industry
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Friday, January 29, 2021
In several recent decisions, district courts have held that liability under the Defend Trade Secrets Act can extend to extraterritorial defendants. As set forth by Sheppard Mullin’s Tyler Baker in a prior blog post, the extraterritorial reach of the DTSA is rapidly expanding. Non-U.S. Companies and the DTSA: Parameters of a Developing Reality | Trade Secrets Law Blog (
citing
vPersonalize Inc. v. Magnetize Consultants Ltd., 437 F. Supp. 3d 860, 878 (W.D. Wash. 2020);
Micron Tech. Inc. v. United Microelectronics Corp., No. 17-cv-06932-MMC, 2019 WL 1959487 (N.D. Ca. May 2, 2019);
Motorola Solutions Inc. v. Hytera Commc’ns Corp., 436 F.Supp.3d 1150, 1165 (N.D. Ill. 2020);