Morning Briefing
Summaries of health policy coverage from major news organizations
FTC's Sole Democrat Caught In Fray As Agency Abandons Noncompete Bans
Modern Healthcare: FTC To Drop Noncompete Ban Lawsuits
The Federal Trade Commission plans to drop lawsuits that sought to preserve the agency’s ban on most noncompete agreements, as well as eliminate the regulation. The FTC on Friday filed motions to dismiss its appeals of district court rulings that found the agency’s noncompete ban exceeded its regulatory authority. The agency also voted 3-1 to vacate the April 2024 rule. Commissioner Rebecca Slaughter cast the dissenting vote. She said in statement that tossing the regulation and related legal cases is another attempt by President Donald Trump to “throw workers under the bus to ingratiate himself with corporations and their billionaire CEOs.” (Kacik, 9/8)
Fierce Healthcare: SCOTUS Temporarily Allows Firing Of FTC's Lone Democrat
The Supreme Court gave President Donald Trump a temporary green light on his removal of Rebecca Kelly Slaughter, one of two Democratic Federal Trade Commission (FTC) members he fired in March. Slaughter, shortly after her ordered removal, sued to block what she described as “direct violation of a century of federal law and Supreme Court precedent.” She cited a 90-year-old decision, Humphrey’s Executor v. United States, that gave statutory tenure protections to FTC commissioners by requiring demonstration of cause under most circumstances. (Muoio, 9/8)
More news about antitrust concerns —
Becker's Hospital Review: Hospital Group Urges Federal Probe Of Drugmakers' 340B Rebate Models: 5 Notes
The American Hospital Association is calling on federal regulators to launch an antitrust investigation into its claims of drug manufacturers’ actions regarding 340B rebate models. In a letter sent to the Federal Trade Commission and the Department of Justice, the AHA accused several pharmaceutical giants of undermining the 340B drug pricing program through behavior the association said may violate federal competition laws. (Murphy, 9/8)
Modern Healthcare: Epic Antitrust Lawsuit Can Continue, Federal Judge Says
A federal judge dismissed some of Particle Health’s antitrust charges against Epic, but allowed a portion of the lawsuit to continue. Judge Naomi Buchwald of the U.S. District Court for the Southern District of New York denied Epic’s motion to dismiss antitrust claims alleged by digital health startup Particle Health. In a ruling issued Friday, Buchwald said Particle Health had sufficiently done enough to continue the antitrust litigation. (Perna, 9/8)
