Key Takeaways -
..Requires parties to provide notice to the Illinois Attorney General (“IL AG”) for transactions involving certain health care facilities and provider organization group practices.
..The parties must...more
Key Takeaways -
..Requires parties to provide notice to the Connecticut Attorney General (“CT AG”) for certain transactions involving Connecticut group practices, as well as transactions involving a hospital, hospital...more
6/19/2024
/ Acquisitions ,
Affiliated-Business Arrangements ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to apply for approval from the Hawaii State Health Planning and Development Agency (“HI Agency”) and provide notice to the Hawaii Attorney General (“HI AG”) for transactions involving the...more
Key Takeaways -
..Requires parties to provide notice to the Indiana Attorney General (“IN AG”) relating to certain mergers or acquisitions between an Indiana “health care entity” and another health care entity with total...more
6/19/2024
/ Acquisitions ,
Affiliated-Business Arrangements ,
Affiliates ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
The U.S. healthcare space has grown dramatically in recent years, in large part based on the significant increase in private investment. This has not gone unnoticed, and U.S. healthcare transactions are now facing increasing...more
The following states have proposed, but not passed, additional state healthcare transaction notification laws....more
Earlier this year, Indiana joined a growing number of states by enacting a new notification requirement for certain healthcare transactions. Indiana Senate Bill Number 9 (SB 9), effective July 1, 2024, is likely to require...more
5/21/2024
/ Acquisitions ,
Corporate Practice of Medicine ,
Covered Entities ,
Health Care Providers ,
Hospitals ,
Investors ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians ,
Popular ,
Private Equity ,
State Attorneys General ,
Threshold Requirements
The FTC’s enforcement efforts against private equity hit a significant roadblock on May 13 when a federal judge granted Welsh, Carson, Anderson & Stowe’s (Welsh Carson) motion to dismiss the agency’s complaint against the...more
On April 23, 2024, the United States Federal Trade Commission (“FTC”) issued a Final Rule (the “Final Rule”) that would prohibit the use of non-compete clauses with most American workers...more
2023 saw a significant uptick in antitrust scrutiny and enforcement, particularly in the healthcare space. After much rhetoric and a setback in challenging state Certificate of Public Advantage (COPA) laws, the Federal Trade...more
3/12/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Department of Labor (DOL) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
Popular ,
Private Equity ,
Private Equity Firms
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
Backing up its recent rhetoric, the FTC has filed suit against a private equity firm based on a “roll-up scheme” in the healthcare space. The FTC filed its complaint in federal district court in Texas, alleging that Welsh,...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