The US Department of Justice’s (DOJ) announcement of the formation of a new healthcare task force signals an even stronger emphasis on addressing competition issues in the healthcare industry. Large, multisided platforms...more
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
On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on...more
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
In 2019, the total number of antitrust cases filed against providers dropped to 20 after the 2018 bump (27 cases). In the latest Health Antitrust Litigation Update for Providers, we discuss what kinds of cases were brought...more
11/16/2020
/ Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Health Care Providers ,
Healthcare ,
Insurance Contracts ,
Motion to Dismiss ,
Physician Admitting Privileges ,
Physicians ,
Pleadings ,
Professional Regulators ,
Summary Judgment
DOJ is open to companies collaborating outside of the presence of government to find creative solutions to combat COVID-19 as long as they commit to adequate antitrust safeguards...more
The COVID-19 pandemic has placed additional stressors on labor markets, particularly for healthcare workers and essential employees. While recognizing that employers, recruiters and staffing agencies may need—and be allowed...more
A recent business review letter issued by the US Department of Justice Antitrust Division to five pharmaceutical and medical/surgical distributors offers insights into the antitrust enforcers’ views on competitor...more
On March 24, 2020, the US Federal Trade Commission (FTC) and US Department of Justice (DOJ) issued a Joint Antitrust Statement Regarding COVID-19. In this statement, the FTC and DOJ recognize that public health efforts in...more
The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws,...more
Hospitals and health systems are facing consumer demand for innovation, the need to expand and enhance streams of revenue and the push for improved quality, all while navigating changing regulations, federal enforcement,...more
2/6/2020
/ Antitrust Litigation ,
Centers for Medicare & Medicaid Services (CMS) ,
CMIA ,
Cyber Attacks ,
Cybersecurity ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
Medicare ,
No-Poaching ,
OCR ,
Popular ,
Ransomware
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 Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to provisions in contracts between the health...more
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
The Antitrust in Health Care conference took place May 13 to 14, 2014, in Arlington, Virginia, where a number of the speakers were representatives of the Federal Trade Commission (FTC) or the Antitrust Division of the U.S....more