*UPDATE* Oregon Senate Bill 951, described in the alert below originally published on May 30, 2025, was signed into law by Oregon Governor Tina Kotek on Monday, June 9, and will apply to all new investments beginning January...more
6/12/2025
/ Acquisitions ,
Corporate Practice of Medicine ,
Health Care Providers ,
Healthcare ,
Investment ,
Mergers ,
New Legislation ,
Physicians ,
Private Equity ,
Regulatory Requirements ,
Transfer Restrictions
Private equity firms’ ability to invest in medical practices in Oregon may be sharply curtailed under a bill passed this week by the Oregon legislature. On May 29th, a bipartisan supermajority in the Oregon House passed...more
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 March 6, 2025, the Federal Trade Commission (FTC) filed a lawsuit in federal court challenging GTCR BC Holdings, LLC's (GTCR) proposed acquisition of Surmodics, Inc. (Surmodics). The complaint alleges that the transaction...more
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 January 8, 2025, Massachusetts Governor Maura Healey signed House Bill 5159 (H.5159), “An Act Enhancing the Market Review Process” (the “Act”), which, among other things, broadens the scope of the state’s existing...more
1/15/2025
/ Acquisitions ,
Change in Control ,
Compliance ,
Corporate Practice of Medicine ,
False Claims Act (FCA) ,
Health Care Providers ,
Healthcare ,
Investors ,
Material Change Doctrine ,
Private Equity ,
Private Equity Firms ,
Regulatory Requirements ,
State Attorneys General
On Saturday, September 28, California Governor Gavin Newsom vetoed Assembly Bill 3129. ...more
10/1/2024
/ Acquisitions ,
Corporate Practice of Medicine ,
Corporations Code ,
Governor Newsom ,
Governor Vetoes ,
Health Care Providers ,
Hedge Funds ,
Hospitals ,
Mergers ,
Private Equity ,
State Attorneys General
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
On August 31, 2024, California’s legislature passed Assembly Bill 3129 (“AB 3129”), which will be enacted if approved by California Governor, Gavin Newsom. AB 3129 would establish a mandatory approval process for a broad...more
9/5/2024
/ Acquisitions ,
Controlling Stockholders ,
Corporate Practice of Medicine ,
Health Care Providers ,
Healthcare Facilities ,
Hedge Funds ,
Hospitals ,
Pending Legislation ,
Private Equity ,
Private Equity Funds ,
State Attorneys General
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
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
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