Toby Singer is one of the nation’s leading authorities on mergers and other antitrust matters in the health care industry, and her practice focuses on antitrust counseling and litigation for health care clients. She represents providers and payers on a wide variety of antitrust issues, from mergers and acquisitions and other transactions to less formal alliances among competitors as well as counseling on conduct issues. She has handled numerous federal and state government investigations and has defended clients in both government and private antitrust litigation. Significant representations include CaremarkRx’s acquisition of AdvancePCS (FTC File No. 03-0239) and Sutter Health’s merger with Summit Medical Center (130 F. Supp. 2d 1109 (N.D. Cal. 2000)), as well as defending class action lawsuits against Ascension Health (Cason-Merenda v. Detroit Medical Center (E.D. Mich.) and Fleischman v. Albany Medical Center (N.D.N.Y.)). Prior to joining Jones Day, Toby served as a deputy assistant director in the Bureau of Competition of the Federal Trade Commission. Toby is a past chair of the Antitrust Practice Group of the American Health Lawyers Association, a past vice chair of the Health Care Committee of the American Bar Association Section of Antitrust Law, and is on the advisory board of BNA’s Health Law Reporter. She is a frequent speaker on antitrust subjects at American Bar Association and American Health Lawyers Association conferences and has testified at government hearings on competition in health care.
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The United States District Court for the Southern District of Ohio has unsealed its summary judgment opinion in The Medical Center at Elizabeth Place v. Premier Health Partners. The Court granted summary judgment in favor of the defendants—four hospital systems that operated pursuant to a (...)
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This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The U.S. Federal Trade Commission has settled its long running dispute with the Phoebe Putney Health System, Palmyra Park Hospital, and the Hospital Authority (...)
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This article has been nominated for the 2014 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. The Fourth Circuit Court of Appeals has ruled that North Carolina’s Dental Board cannot ban non-dentists from offering teeth-whitening service, upholding the (...)
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In FTC v. Phoebe Putney, the Supreme Court has unanimously reversed the Eleventh Circuit holding that a Georgia hospital authority’s acquisition of a hospital was covered by state-action immunity, emphasizing that "state-action immunity is disfavoured". The Supreme Court held that, as the (...)
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This article has been nominated for the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. Last week the U.S. Court of Appeals for the Seventh Circuit rejected an antitrust lawsuit by institutional pharmacy Omnicare that challenged premerger planning (...)
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In a decision that was filed under seal in late August but released publicly just last week, the U.S. District Court for the District of Minnesota dismissed with prejudice the complaint filed by the Federal Trade Commission (FTC) and the State of Minnesota challenging the already-consummated (...)
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On February 6, 2006, the Department of Justice (« DOJ ») filed a lawsuit in U.S. District Court in Charleston, West Virginia alleging that a market allocation agreement between Charleston Area Medical Center, Inc. (« CAMC ») and HCA Inc. (« HCA ») violated Section 1 of the Sherman Act. The DOJ (...)
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Samsung Electronics has agreed to plead guilty and pay a $ 300 M fine, the second largest criminal antitrust fine in U.S. history, for participating in a price-fixing conspiracy in the dynamic access random memory (DRAM) industry. According to the felony charge, the conspiracy directly (...)
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On September 2, 2005, the DOJ Antitrust Division issued a complaint and proposed settlement involving two digital jukebox companies — NSM Music Group Ltd.(NSM) and Ecast Inc. (Ecast) — that allegedly entered into an unlawful agreement pursuant to which NSM agreed not to enter the U.S. market (...)
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The Northern District Court of Illinois, in a decision issued August 12, held that a PBM’s arrangements with health plan sponsors are not per se unlawful and should be analyzed under the rule of reason. North Jackson Pharmacy, an independent retail pharmacy, filed suit against Caremark Rx, a (...)
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A U.S. District Court in Ohio granted summary judgment for defendants in a class action suit alleging that a drug manufacturer’s rebates to pharmacy benefit managers in order to obtain an exclusive listing in the PBMs’ drug formulary violated Section 1 of the Sherman Act. The plaintiffs, (...)
