Media Mentions
2010
David Marx was quoted in a February 19 Law360 story concerning a New York federal judge’s rejection of class certification for a group of nurses whose lawsuit alleges that a group of hospitals in upstate New York violated antitrust laws by conspiring to keep the nurses’ wages low. “We are happy that the judge reaffirmed his previous ruling that even a narrower class could not be certified as to the issues of injury-in-fact and damages,” declared Mr. Marx, who represents an Albany medical center that is one of the defendant in the suit. He added that Judge McAvoy’s ruling was particularly satisfying because it “rejected the plaintiffs’ belated attempt to seek certification of a different class, both because it was procedurally improper and factually unjustified.”
David Marx Jr., Health - Antitrust, International Antitrust & Competition, Trial
David Marx was quoted by Law360 on February 18 concerning a Chicago federal court’s decision granting summary judgment in favor of Mr. Marx’s hospital client in an antitrust suit brought by developer and operator of medical centers. The suit had contended that the hospital had lobbied local officials in Lake Bluff, IL to reject a building permit for a new medical center. “This case reaffirms the principle that a land or zoning dispute, which frequently pits one competitor against another – like this case did – doesn’t necessarily constitute an antitrust case,” Mr. Marx said. He added that the case “helps illustrate the difference between legislative conduct and adjudicative conduct.”
David Marx Jr., Health - Antitrust, International Antitrust & Competition, Trial
2009
David Marx, Jr., was quoted April 13 on AmericanLawyer.com concerning antitrust litigation against four major candy manufacturers. Referring to price-fixing allegations against the companies, Mr. Marx declared, "You can't just infer the existence of a price-fixing conspiracy from the fact that independent competitors in concentrated industries independently chose to raise their prices."
David Marx Jr., Antitrust & Competition, Trial
2008
David Marx was quoted in the December 30 issue of Global Competition Review in an article regarding Inverness Medical Innovations' settlement with the Federal Trade Commission (FTC) on charges that the company illegally sought to maintain its monopoly on pregnancy tests by acquiring assets from competitor ACON Laboratories. Inverness must sell the assets, including an intellectual property license for dye technology. "With this decision, the FTC shows it remains committed to enforcing antitrust laws in the health-care sector," said Mr. Marx. "The FTC has ensured that the market has returned to an even more competitive state than it was before Inverness acquired ACON's assets," he added.
David Marx Jr., Antitrust & Competition, Antitrust - IP, Health, Health - Antitrust, Intellectual Property
David Marx was quoted in the March issue of HealthLeaders in an article regarding the health industry's hospital consolidation wave. Mr. Marx discussed the effects of the FTC's investigation of a 2000 Evanston Northwestern Healthcare (ENH) merger that created a three-hospital system along Chicago's North Shore. Because the ENH case was so unusual in that the FTC waited so long after the merger to investigate, Mr. Marx noted that, "It is not discouraging anybody from doing what they think they need to do to be competitive in the marketplace, and that includes consolidations and collaborative ventures where appropriate." Mr. Marx warned, however, to keep the consumer in mind and remember that the FTC can challenge a merger after the fact, "…think about it from the perspective of the consumer because that's the way the agencies are going to look at the transaction and evaluate it," he said.
David Marx Jr., Health, Health - Antitrust, Hospital and Health System Transactions
David Marx was quoted in the January 7 issue of Modern Healthcare in an article regarding Mercy Medical Center's claim that the Aultman Health Foundation has sought to eliminate competition and to attain monopoly power over hospital care in Stark County, Ohio. Mr. Marx, an antitrust lawyer, commented on vertical integration and its effect on competition in the hospital care market. "Particularly in concentrated markets with relatively few players, it is somewhat of a minefield to compete in all segments of the market, both delivery and insurance," he said. "The critical issue will be whether (Mercy) is being foreclosed from so much of the potential marketplace that it will be (unable to compete). That's a pretty high burden to meet," Mr. Marx added.
David Marx Jr., Government Strategies
2007
David Marx was quoted in the February 17 issue of Modern Healthcare in regard to the Federal Trade Commission's request for additional information on Psychiatric Solutions' proposed acquisition of Horizon Health Corp. "It's indicative of an issue, but not necessarily indicative of a problem," commented Mr. Marx.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
2003
David Marx was quoted in the February 17 issue of Modern Healthcare in regard to the Federal Trade Commission identifying health care antitrust as a priority. "To the extent that there is speechifying that isn't promptly followed with enforcement actions, whatever deterrent effects that might be created are lost, particularly, if at the end the day, the only remedy is go forth and sin no more," commented Mr. Marx.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in the February 10 issue of Modern Healthcare in an article addressing federal antitrust regulators increasing paying attention to the recent wave of physician job actions aimed at pressuring state legislatures to reform tort laws. Mr. Marx commented that "….when doctors make statements publicly so competitors hear, it becomes a form of signaling….the real issue is where do you cross the line from protected speech to concerted illegal actions."
David Marx Jr., Antitrust & Competition, Health - Antitrust
David Marx was quoted in the January 2 issue of the Miami Daily Business Review regarding prosecuting executives under the rising antitrust laws. Mr. Marx commented on Gary Spratling, the Department of Justice's antitrust division's deputy assistant attorney general, "…[He] pushed for bigger cases and international cooperation and converted the DOJ's corporate amnesty provision into the 'business development program' of the antitrust division." Mr. Marx's quote also appeared in the January issue of Corporate Counsel.
David Marx Jr., Antitrust & Competition
2002
David Marx was quoted in the November 18 issue of The National Law Journal in an article addressing the increased prosecution of executives in regard to antitrust violations. Mr. Marx commented on Gary Spratling, the antitrust division's deputy assistant attorney general in the 1990s who, "pushed for bigger cases and international cooperation and converted the Department of Justice's corporate amnesty provision into the 'business development program' of the antitrust division."
David Marx Jr., Antitrust & Competition
David Marx was quoted in the September 9 issue of Mergers & Acquisitions Report in regard to the FTC's recent decision to "reinvigorate the Commission's hospital merger program," with the creation of a merger litigation task force. Mr. Marx said that since the FTC hasn't won a case in court on a hospital merger in nearly a decade, most acquiring firms are not concerned about acquisition-related issues as a result of the new task force.
David Marx Jr., Health, Health - Antitrust, Health - M&A, Mergers & Acquisitions
David Marx was quoted in the August 9 issue of The New York Times in regard to the recent statement by the chairman of the Federal Trade Commission (FTC), which proclaimed his agency planned to step up scrutiny of past hospital mergers and groups of doctors to make sure they had not joined forces simply to fix prices. This new focus of the FTC, largely due to the increase of medical costs, will be determining whether previous hospital mergers have allowed them to charge more of if they have actually benefited patients. In regard to the agency's focus on the medical industry, Mr. Marx commented, "The FTC appears to be reinvigorated. Chairman Muris views health care as very, very important, and I think he is exerting considerable influence."
David Marx Jr., Health, Health - M&A, Mergers & Acquisitions
David Marx and James Sneed were quoted in the May 20 issue of Managed Care Outlook in regard to a few recent settlements between physician groups and the Federal Trade Commission regarding price fixing and other anti-competitive behavior. Mr. Marx commented that, "Most of the cases arise from non-risk contracts, where the physician network is supposed to be using a modified messenger model for negotiations, but in actual practice appears to be engaging in collusive price fixing activities." Mr. Sneed commented that the antitrust settlements are not likely to last and that the FTC’s recent actions will deter other doctors.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in an article addressing the U.S. Justice Department's Antitrust Division's recent decision to disband its 17-lawyer healthcare task force, published in the February 11 issue of Modern Healthcare. David commented that the state attorney generals' offices, who will now handling the responsibility of the task force, are sometimes "in deep hibernation, but some are not." He also mentioned that the antitrust lawyers in the state office are increasingly educated, trained and experienced.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in the January 14 issue of Modern Healthcare in regard to the recent reorganization at the U.S. Justice Department, which eliminated the antitrust division’s 17-attorney health care task force. Mr. Marx pointed out that the FTC nor the Justice Department has prevailed in a hospital merger court case in 10 years, "Hospitals won that war."
David Marx Jr., Antitrust & Competition, Health - Antitrust
2001
David Marx was quoted in the December 3 issue of Modern Healthcare regarding the tendency of government antitrust regulators not to get involved in cases they don't see, which serve the broad public interest. The focus of the article was the rise of antitrust lawsuits by commercial health insurers against hospitals and hospital-owned managed care plans.
David Marx Jr., Health, Health - Antitrust
David Marx was quoted in the November 19 issue of Modern Healthcare in regard to a federal consent decree forbidding contract negotiations between independent doctors and insurers for the Federation of Physicians and Dentists in Tallahassee, Florida.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in the October 29 issue of Modern Healthcare in response to the U.S. Justice Department’s decision to bar a Florida-based labor organization from acting as a collective-bargaining agent for competing doctors. Mr. Marx considers the decision a defeat for physicians, "who might consider unions to be a potential safe haven for otherwise collective negotiations with payers."
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
