While M&A activity has slowed in the tail end of the first quarter of 2025, including in healthcare, there have been several noteworthy developments in the antitrust space in the first 100 days of the Trump Administration. ...more
5/14/2025
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Provisions ,
Artificial Intelligence ,
Certificates of Public Advantage (COPAs) ,
Class Action ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Hospitals ,
Mergers ,
Pharmacy Benefit Manager (PBM) ,
Popular ,
Private Equity ,
Trump Administration
In recent years, states have shown an increased interest in regulating healthcare markets. The trend has accelerated further since the start of 2025, with a flurry of proposals in at least 12 states. ...more
3/21/2025
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Legislative Agendas ,
Private Equity ,
Reporting Requirements ,
State Attorneys General ,
State Legislatures
On January 14, 2025, the Department of Justice (DOJ) sued private equity giant KKR & Co. (KKR) for numerous violations of antitrust law, alleging that KKR repeatedly violated its obligations to provide information on its...more
1/17/2025
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Violations ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Notice Requirements ,
Premerger Notifications ,
Private Equity ,
Threshold Requirements
On Friday, January 10th, 2025, the US Chamber of Commerce, American Investment Council, Business Roundtable, and Longview Chamber of Commerce (collectively the “Plaintiffs”) filed a joint lawsuit challenging the FTC’s and...more
In the second quarter, federal and state antitrust enforcers continued their intense scrutiny of consolidation in the healthcare market by implementing new initiatives and laws designed to gather additional information...more
9/20/2024
/ Acquisitions ,
Algorithms ,
Antitrust Division ,
Antitrust Provisions ,
Conspiracies ,
Corporate Practice of Medicine ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Mergers ,
Industry Consolidation ,
Market Participants ,
Mergers ,
Monopolization ,
Price Manipulation ,
Price-Fixing ,
Private Equity ,
Quality of Care Standards
Revenue-management tools are ubiquitous across sectors, but many hotel owners, operators, and management companies use such tools on a daily basis. As these products have improved, many have incorporated algorithms enabling...more
9/17/2024
/ Algorithms ,
Antitrust Conspiracies ,
Antitrust Investigations ,
Antitrust Provisions ,
Class Action ,
Competition ,
Conditional Pricing ,
Confidential Information ,
Conspiracies ,
Department of Justice (DOJ) ,
Enterprise Software ,
Federal Trade Commission (FTC) ,
Hotel Management Agreements ,
Hotels ,
Machine Learning ,
Material Nonpublic Information ,
Price-Fixing ,
Pricing ,
Rental Property ,
Residential Property Owners
On March 5, 2024, the Federal Trade Commission (FTC), Department of Justice (DOJ), and Department of Health and Human Services (HHS, and collectively with the FTC and DOJ, the Agencies) launched a cross-government inquiry...more
On December 18, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released the final version of revised Merger Guidelines...more
On August 16, 2023, the Federal Trade Commission (FTC) announced an agreement with natural gas producer EQT Corporation (EQT) and private equity firm Quantum Energy Partners (Quantum) to resolve concerns stemming from alleged...more
8/28/2023
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Board of Directors ,
Competition ,
Consent Decrees ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Interlocking Directorate ,
Popular ,
Safe Harbors ,
Section 5 ,
Section 8 ,
Statutory Authority ,
The Clayton Act
Agencies drastically revise Merger Guidelines and HSR process while withdrawing long-established antitrust healthcare guidance -
The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ,...more
8/14/2023
/ Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Hospital Mergers ,
Hospitals ,
Popular
On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more
7/21/2023
/ Antitrust Division ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Guidance Update ,
Hiring & Firing ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Rulemaking Process ,
Vertical Mergers
On June 27, 2023, the U.S. Federal Trade Commission (“FTC”) and Antitrust Division of the U.S. Department of Justice (“DOJ”) announced a Notice of Proposed Rulemaking regarding the Hart-Scott-Rodino (“HSR”) Premerger...more
Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements -
On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more
5/24/2023
/ Acquisitions ,
Amazon ,
Antitrust Investigations ,
Antitrust Provisions ,
Appeals ,
Certificates of Public Advantage (COPAs) ,
Competition ,
Compliance ,
Corporate Practice of Medicine ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
No-Poaching ,
Policy Statement ,
Popular ,
Wage-Fixing