The Supreme Court on June 27 issued its opinion in Securities and Exchange Commission v. Jarkesy in which it held that when the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment...more
7/12/2024
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Article III ,
Constitutional Challenges ,
Federal Trade Commission (FTC) ,
Healthcare Facilities ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
SEC v Jarkesy ,
Section 7 ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment ,
The Clayton Act
In a prior post, we discussed the Federal Trade Commission’s (“FTC”) lawsuit against U.S. Anesthesia Partners (“USAP”) and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”). Most recently, the U.S....more
In prior posts, we discussed the draft, updated merger guidelines that had been issued by the Federal Trade Commission and the Department of Justice (sometimes referred to as the “Agencies”) in July of last year. At that...more
As reported in a prior blog post, the Federal Trade Commission (“FTC”) filed suit in federal district court in September alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson,...more
11/30/2023
/ Anti-Competitive ,
Antitrust Violations ,
Article II ,
Class Action ,
Conspiracies ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Injunctive Relief ,
Monopolization ,
Motion to Dismiss ,
Popular ,
Self-Funded Health Plans ,
Sherman Act ,
The Clayton Act ,
Unions
A recently decided case out of Connecticut provides a useful examination of how antitrust standing issues may be analyzed in cases involving commercially-insured patients directly suing a health care system alleging economic...more
As explained in prior posts, the Federal Trade Commission (“FTC”) filed suit in April of this year in Federal District Court for the District of Columbia seeking to enjoin Louisiana Children’s Medical Center (“LCMC”) from...more
The Federal Trade Commission (“FTC”) on June 27 issued a proposed rule pursuant to which it would amend its Hart-Scott-Rodino Act (“HSR”) form and instructions and in so doing make major “top-to-bottom” changes for the first...more
7/7/2023
/ Comment Period ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Mergers ,
Premerger Notifications ,
Proposed Amendments ,
Section 7 ,
Section 8 ,
Sherman Act ,
The Clayton Act
Last Thursday, the Federal Trade Commission (“FTC”) took the step of filing suit in federal court asserting that parties to a hospital acquisition who had obtained a Certificate of Public Advantage (“COPA”) from their state...more
In the first part of this article, we discussed the Federal Trade Commission’s (“FTC”) recently issued staff policy paper strongly urging states to avoid using Certificates of Public Advantage (“COPA”) which seek to immunize...more
We previously reported on several cases involving successful antitrust challenges to proposed hospital mergers involving Hackensack Meridian Health System and Englewood Hospital in Bergen County New Jersey; RWJ Barnabas...more
Just eight weeks after Hackensack Meridian Health System and Englewood Healthcare Foundation notified the Federal Trade Commission (“FTC”) that they were calling off their proposed merger following the Third Circuit Court of...more