Agency Updates

Antitrust Division, US DOJ

• Richard A. Powers Named Acting Assistant Attorney General 
  On February 8, 2021, Deputy Assistant Attorney General Richard Powers was designated Acting Assistant Attorney General of the Department of Justice, Antitrust Division. 
  
• Health Care Staffing Company and Executive Indicted for Colluding to Suppress Wages of School Nurses, March 30, 2021
  A federal grand jury in Las Vegas, Nevada, returned an indictment charging VDA OC LLC (formerly Advantage On Call LLC), a health care staffing company, and Ryan Hee, a former manager of the company, with entering into and engaging in a conspiracy with a competitor to allocate employee nurses and to fix the wages of those nurses, in violation of the Sherman Act.
  
• Antitrust Division Issues 2021 Annual Newsletter, March 24, 2021
  The newsletter highlights the division’s recent activities and successes on civil and criminal enforcement, diversity initiatives, international cooperation, and competition advocacy.
  
• Justice Department Resolves Antitrust Case Against Leading Central Pennsylvania Health Care Providers, March 3, 2021
  The Department of Justice announced today that it has reached a settlement with Geisinger Health (Geisinger) and Evangelical Community Hospital (Evangelical) that will resolve the department’s ongoing civil antitrust litigation challenging Geisinger’s partial acquisition of Evangelical. Among other terms, the settlement requires Geisinger to cap its ownership interest in Evangelical at a 7.5% passive interest and eliminates additional entanglements between the two competing hospitals.

FTC

• FTC Announces Multilateral Working Group to Build a New Approach to Pharmaceutical Mergers,  March 16, 2021
  Agency joins forces with Canadian Competition Bureau, European Commission Directorate General for Competition, United Kingdom’s Competition and Markets Authority, U.S. Department of Justice, and Offices of State Attorneys General.
  
• Following Federal Trade Commission Staff Recommendation to Challenge Transaction, Two Health Care Systems in Central Georgia Abandon Proposed Merger , March 3, 2021
  Federal Trade Commission Votes to Close Investigation of Atrium Health Navicent, Inc. and Houston Healthcare System, Inc.
  
• FTC Acting Chairwoman, Rebecca Kelly Slaughter Testifies before House Judiciary Subcommittee on Antitrust, Commercial and Administrative Law, March 18, 2021
  
• Biden nominates Lina Khan, a vocal critic of Big Tech, to the F.T.C., N.Y. Times, Cecilia Kang, March 21, 2021

California AAG’s Office

• Attorney General Becerra Sues Nursing Home Chain for Misrepresenting its Quality of Care and Putting Seniors, People with Disabilities at Risk, March 15, 2021
  California Attorney General Xavier Becerra today joined a coalition of District and City Attorneys, led by Kern County District Attorney Cynthia Zimmer, in filing a lawsuit against Tennessee-based Brookdale Senior Living, Inc. (Brookdale), the nation’s largest senior living operator. Today’s lawsuit, which concerns Brookdale’s ten California skilled nursing facilities, alleges that Brookdale ignored laws that protect patients’ safety when they are discharged from a facility. The lawsuit also alleges that Brookdale gave false information to the Centers for Medicare & Medicaid (CMS), information which CMS uses to award “star ratings” to skilled nursing facilities so that consumers can choose a quality facility. By lying to CMS, Brookdale fraudulently increased its star rating in several categories to attract prospective patients and their families.
  
  The complaint alleges that Brookdale Brookdale failed to properly notify its patients and families of transfers and discharges. Skilled nursing facilities are required to give notice of transfer or discharge at least 30 days in advance, or as soon as practicable.  In addition, Brookdale allegedly did not properly prepare patients for their transfer or discharge. The complaint also alleges that Brookdale over-represented the number of its nursing staff hours to CMS in order to obtain a higher star rating on CMS’s website for consumers.
  
• Attorney General Becerra Names Matthew Rodriquez as Chief Deputy and Acting Attorney General, March 18, 2021 
  California Attorney General Xavier Becerra today stepped down as Attorney General. Prior to confirmation by the United States Senate, Attorney General Becerra selected Matthew “Matt” Rodriquez to serve as Chief Deputy Attorney General. In that role, Chief Deputy Rodriquez will lead the California Department of Justice as Acting Attorney General until such time as Governor Gavin Newsom’s nominee is confirmed by the California Legislature and takes the oath of office. 
  
  On March 18, 2021 Becerra was confirmed as health secretary on a razor-thin vote that broke almost entirely along party lines.