In a significant development that shores up competition in the electronic prescription marketplace, Surescripts entered into a settlement with the U.S. Federal Trade Commission (FTC). The health information technology company was facing allegations of monopolistic conduct in violation of the FTC Act.
Charges pressed against Surescripts revolved around purported actions that constrained customer choice, sabotaged the business efforts of competitors, and proficiently constructed a monopoly within the electronic prescribing industry.
JD Supra provides a comprehensive coverage of this issue.
The settlement brokered with the FTC mandates Surescripts to halt anticompetitive conduct and incorporates provisions designed to restore competition within the industry. The aim here is to ensure customers are able to switch to or use more than one e-prescribing network without obstructing punitive repercussions. In this regard, the approach taken by the FTC is symptomatic of its ongoing focus on breaking up monopolies in the health sector and restoring patient and provider choices.
For legal professionals advising corporations in the health tech sector, this development serves as a cautionary tale. It powerfully illustrates the importance of maintaining fair business practices and avoiding anticompetitive behavior. This settlement should encourage them to reassess their business practices in light of potential antitrust violations.