16 July 2019
Surescripts has asked a federal district court to dismiss the Federal Trade Commission’s complaint alleging that the health information company monopolised the two-sided market for electronic prescription services. But the company also challenged the commission’s ability to bring the case outside its internal administrative court. Does Surescripts prefer the somewhat cushioned seats of the FTC’s tribunal to the unforgiving wooden benches in the district court? Does its counsel at Latham & Watkins prefer the lunch specials at the commission’s aptly named “Top of the Trade” cafeteria?