FTC, Justice Department urge U.S. Court of Appeals not to hear Texas Medical Board plea

By Mark Iandolo | Sep 20, 2016

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.

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