On March 5, 2024, the Federal Trade Commission (FTC) hosted “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care” to examine the role of private equity investment in healthcare markets. The same...more
3/13/2024
/ Acquisitions ,
Centers for Medicare & Medicaid Services (CMS) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Mergers ,
Private Equity ,
Private Equity Funds ,
Public Comment ,
Request For Information ,
The Clayton Act
The FTC and DOJ’s proposed revised merger guidelines signal the Biden administration’s continued aggressive antitrust enforcement stance even as healthcare industry participants continue to seek to overcome the effects of...more
8/2/2023
/ Acquisition Agreements ,
Acquisitions ,
Antitrust Provisions ,
Biden Administration ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Facilities ,
Hospital Mergers ,
Hospitals ,
Merger Agreements ,
Merger Controls ,
Mergers ,
Physicians ,
Webinars
President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several...more
7/15/2021
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Competition ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Investigations ,
Mergers ,
Preliminary Injunctions ,
Provider Relief Fund
As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more
5/26/2020
/ Acquisitions ,
Antitrust Provisions ,
Antitrust Violations ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Healthcare ,
Joint Venture ,
Mergers ,
Recruitment Policies ,
Strategic Planning ,
Wage and Hour
According to a new report by the Health Care Cost Institute, nearly three-quarters of 112 metropolitan areas across 43 states have “highly concentrated” hospital markets—showing a rise of such areas from 67% in 2012 to 72% in...more
10/28/2019
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Hospital Mergers ,
Hospitals ,
Merger Reviews ,
Physicians ,
Regulatory Oversight ,
State Attorneys General ,
Webinars
At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...more
6/21/2019
/ Acquisitions ,
Acute Facilities ,
Anti-Competitive ,
Appeals ,
Blocked Mergers ,
Civil Monetary Penalty ,
Consent Decrees ,
Consumer Protection Act ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Hospitals ,
New Legislation ,
Notification Requirements ,
Physicians ,
Preliminary Injunctions ,
Price-Fixing ,
Purchase Agreement ,
Reporting Requirements ,
Section 7 ,
Service Agreements ,
Settlement Agreements ,
Sherman Act ,
Size of Transaction Test ,
State Attorneys General ,
The Clayton Act
The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider...more
3/3/2015
/ ACOs ,
Acquisitions ,
Affordable Care Act ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Insurance ,
Health Insurance Exchanges ,
Healthcare ,
Hospitals ,
Mergers
In a challenge brought both by private plaintiffs and the government, a court has ruled that a health system’s acquisition of a competing physician group practice violated the antitrust laws where the transaction resulted in...more
The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only...more