Antitrust

WASHINGTON (Tuesday, Nov. 17, 2009) – Ten state Attorneys General are backing legislation authored by Senator Patrick Leahy (D-Vt.) to repeal the health insurance and medical malpractice insurance industries’ exemption from federal antitrust laws.

In a letter dated November 13, Attorneys General from Vermont, Connecticut, Massachusetts, Maine, Oregon, Arizona, Iowa, Montana, Florida and Wyoming urge Congress to end the decades-old exemption from federal antitrust laws, which are designed to encourage competition and protect consumers. Dating back to the 1945 McCarran-Ferguson Act, health insurers and medical malpractice insurers have been exempt from these laws. Leahy chairs the Senate Judiciary Committee, which held a hearing on the exemption in October.    » read more »

Responding To Schumer's Call, DOJ's Head Of Antitrust Investigations Will Come To New York To Explore Anticompetitive Practices In The Dairy Industry

November 16, 2009 -- Today U.S. Senator Charles E. Schumer announced that at his urging Christine A. Varney, Assistant Attorney General in charge of the Department of Justice's (DOJ) Antitrust Division, will come to New York to meet with dairy farmers and consumers to explore potential anticompetitive behavior on the part of dairy processors.    » read more »

Says FTC Investigation Of CVS/Caremark Merger Is Necessary To Ensure Fair Competition

November 6, 2009 -- (WASHINGTON, D.C.) – U.S. Senator Byron Dorgan (D-N.D.) today welcomed the news that the Federal Trade Commission is investigating the 2007 merger of CVS and Caremark, saying it is necessary to ensure fair competition in the prescription drug market.

In July, Senator Dorgan, along with Senators Russ Feingold (D-WI) and Amy Klobuchar (D-MN), sent a letter to the FTC stating that the combination of Caremark and CVS “created a heightened opportunity for anticompetitive conduct in the prescription drug market.” They requested that the FTC investigate the merger because it was hurting Main Street pharmacies.    » read more »

Washington, Oct 16, 2009 - Today Congressman Chris Van Hollen (D-MD) issued the following statement calling for an end to special advantages for health insurance companies:

“For far too long, health insurance companies have been exempted from playing by the rules that most other businesses must live by. They have abused that benefit. Now is the time to require them to abide by the same rules as everyone else. I believe it is long past time to repeal this exemption.

“By limiting the health insurance industry’s antitrust immunity, we will make sure that the federal government investigates and prosecutes health insurance companies for anti-competitive practices, including price-fixing, bid-rigging, or market allocations.    » read more »

Under 1945 Law, Insurance Industry Among Only Handful Of Industries -- Like Major League Baseball and Railroads -- To Be Exempt From Federal Antitrust Laws

October 14, 2009 -- WASHINGTON, DC—Days after the health insurance industry openly declared it will use the emerging health care reform overhaul as an excuse to raise premiums on millions of Americans, U.S. Senator Charles E. Schumer (D-NY) urged Wednesday that the legislation should include a new provision to revoke the industry’s anti-trust exemption.    » read more »

WASHINGTON -- October 14, 2009 – Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) Wednesday announced that the Committee will hold a hearing on October 21 to examine health care fraud prevention.    » read more »

WASHINGTON -- October 14, 2009 – The Senate Judiciary Committee Wednesday held a hearing on legislation to repeal a federal antitrust exemption currently enjoyed by the health insurance and medical malpractice insurance industries. Legislation introduced by Chairman Patrick Leahy (D-Vt.) in September will repeal the exemption established in the 1945 McCarran-Ferguson Act. The Health Insurance Antitrust Enforcement Act was the focus of Wednesday’s hearing.

Senate Majority Leader Harry Reid (D-Nev.) testified before the panel in support of the legislation. Reid is a cosponsor of Leahy-authored bill. Also testifying on Wednesday was Assistant Attorney General Christine Varney, who leads the Antitrust Division at the Department of Justice.    » read more »

Senate Judiciary Committee

October 14, 2009 -- As prepared for delivery -- “The antitrust laws enacted in the early 20th century provide essential protections for consumers and businesses, and those protections should apply to Americans buying health and medical malpractice insurance.

As Congress debates the costs of health care, it is very much worth nothing that purchasers of these insurance policies are particularly susceptible to industry collusion leading to inflated prices. But under current law, health and medical malpractice insurance providers are exempt from federal antitrust regulations. This is because, as we all know, the insurance industry was given a statutory exemption from antitrust laws over sixty years ago by the McCarren-Ferguson Act.    » read more »

Says Deal Needs 'Additional Scrutiny' From Consumers And Congress

October 9, 2009 -- WASHINGTON, DC – U.S. Senator Charles E. Schumer (D-NY), the Chairman of the Senate Rules and Administration Committee and a senior member of the Senate Judiciary Committee, raised new concerns Friday over Diebold’s proposed sale of its voting machine business to its biggest competitor, and announced that his Rules Committee staff would begin a formal review of potential problems posed by the merger.

Schumer announced he would be seeking input from state and local election officials to investigate the deal’s impacts on the administration of elections across the United States. The findings will be compiled into a public report that could be shared with the Department of Justice.    » read more »

WASHINGTON -- October 2, 2009 – Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) Friday announced that the Committee will hold a hearing on October 14 on legislation to repeal a federal antitrust exemption for health insurance and medical malpractice insurance companies.    » read more »

WASHINGTON -- September 17, 2009 – Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) Thursday introduced legislation to eliminate a federal antitrust exemption for health insurance and medical malpractice insurance companies.

As the Senate prepares to consider comprehensive health care reform legislation, Leahy introduced the Health Insurance Industry Antitrust Enforcement Act to repeal the antitrust exemption that was established in the 1945 McCarran-Ferguson Act.    » read more »

9/15/09 -- WASHINGTON, DC – Today, U.S. Senator Herb Kohl sent the following letter to Secretary of Agriculture Tom Vilsack, at the United States Department of Agriculture and Assistant Attorney General Christine Varney at the Department of Justice Antitrust Division. He calls on them to scrutinize antitrust enforcement in the dairy industry, focusing on the consolidation of milk processors and anticompetitive practices in agriculture and urges them to hold a workshop on diary in Wisconsin, as part of upcoming series of DOJ/USDA workshops about agriculture competition.    » read more »

Two Military Officials Plead Guilty to Bribery, Fraud and Conspiracy Related to Defense Contracts in Afghanistan; Third Military Official Pleads Guilty to Receiving Stolen Property

June 19, 2009 -- Four Contractors and Four Contracting Companies Also Charged with Related Crimes

Two U.S. military officials pleaded guilty to various bribery, fraud and conspiracy charges relating to Department of Defense (DOD) contracts in Afghanistan. A third military official pleaded guilty to receiving stolen property, which was obtained through the bribery conspiracy. In addition, four DOD contractors and four affiliated contracting companies were indicted for their roles in paying bribes to the military officials and otherwise defrauding the United States.    » read more »

DuPont Affirms “Stacking” Can Occur Under Existing Monsanto License Agreement

ST. LOUIS, June 16, 2009 – DuPont today filed an answer and counterclaims to a recent Monsanto lawsuit that seeks to block farmers’ access to innovative new soybean lines from DuPont business Pioneer-Hi Bred. These soybeans would contain Pioneer’s proprietary Optimum® GAT® trait and -- through Monsanto’s royalty-bearing license agreement -- the Roundup Ready® trait.    » read more »

June 9, 2009 -- WASHINGTON – U.S. Senator Herb Kohl today introduced the Antitrust Criminal Penalties Enforcement and Reform Act of 2004 Extension Act. This legislation extends a critical component of the Antitrust Criminal Penalty Enforcement and Reform Act of 2004 (ACPERA), set to expire on June 22, which encourages participation in the Antitrust Division’s leniency program.

As a result, the Justice Department will be able to continue to detect, investigate and aggressively prosecute price-fixing and other cartels which harm consumers.    » read more »