Law360 ( October 29, 2010, 11:41 AM EDT) -- On Oct. 18, the Antitrust Division of the U.S. Department of Justice and the State of Michigan filed an antitrust lawsuit against Blue Cross Blue Shield of Michigan ("BCBS"), alleging that most favored nation clauses ("MFNs") in BCBS's contracts with hospitals unreasonably restrain trade in violation of Section 1 of the Sherman Act and Section 2 of the Michigan Antitrust Reform Act. Civil action no. 2:10-cv-14155-DPH-MKM (E.D. Mich.). (www.fulbright.com/e_Templates/CRD/Publications/20101019USAvBlueCross.pdf) Obviously of interest to hospitals, insurers and others in the managed care industry, the suit also has serious implications for any business that uses MFN clauses....
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