Tag Archives: Mitchell E. Khader

Revealing Potential New Strategy, FTC Teams Up with States After Supreme Court Rules Agency Not Authorized to Seek Monetary Remedies Under Section 13(b) of the FTC Act

by Corey W. Roush and Mitchell E. Khader

On April 22, 2021, the Supreme Court dismantled a longstanding FTC enforcement tool in a unanimous decision holding that the FTC Act does not permit the agency to use its authority to seek injunctive relief under Section 13(b) as a means to pursue monetary remedies against wrongdoers. In its first major use of Section 13(b) since that decision, the FTC has enlisted the aid of states whose competition laws authorize restitution, disgorgement, and other monetary remedies. Notwithstanding this potential new strategy, the FTC continues to urge Congress to act to restore its power under Section 13(b).

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Competitive Health Insurance Reform Act Signed Into Law, Repeals More Than Half-Century-Old Antitrust Exemption for U.S. Health Insurers

by Corey W. Roush, Gorav Jindal, Haidee L. Schwartz, J. Matthew Schmitten, and Mitchell E. Khader

Until recently, the McCarran-Ferguson Act of 1954 made the “business of insurance,” including the business of health insurance, immune from federal antitrust laws. The Competitive Health Insurance Reform Act has amended the McCarran-Ferguson Act such that health insurers will now be subject to the same federal antitrust laws as other industries; other insurers, however, will continue to have federal antitrust immunity. Repeal of the antitrust exemption subjects health insurers to increased scrutiny by federal antitrust authorities (namely the Antitrust Division of the Department of Justice) as well as private parties seeking to bring federal antitrust claims, which may counsel for a re-examination of antitrust compliance policies.

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