NEW ORLEANS (Legal Newsline)
— The Federal Trade Commission (FTC) and the Department of Justice recently
joined forces in an amicus brief that urges the U.S. Court of Appeals for the
Fifth Circuit to dismiss a Texas Medical Board appeal.
The board appealed a
district court decision that held that board regulations restricting telehealth
services can be challenged under current federal antitrust laws.
The FTC and Justice Department allege the Fifth Circuit does not hold the necessary jurisdiction to hear
the case, and even if it does, it should reject the board’s argument that board
rules are shielded from federal antitrust scrutiny.
The original case involved
Teladoc Inc., which delivers medical services via telephone or videoconference.
It filed a complaint against the board, stating that rules adopted in 2010 and
2015 violate U.S. antitrust law because they reduce and restrict teleheath
services in Texas.
The FTC voted unanimously to
file the amicus brief.