December has been a busy and banner month for the Federal Trade Commission (FTC). Following its successful suit to block the proposed Kroger-Albertsons merger, the FTC issued two significant announcements: (1) the withdrawal...more
In June 2023, the FTC and DOJ (the “Agencies”) proposed a new rule that would significantly change the form and instructions for premerger notifications under the Hart-Scott-Rodino Act (“New HSR Form”). That proposal hinted...more
The top enforcers at the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) are sending strong signals that private equity (PE) firms are likely to be the next target in the Biden...more
The Hart-Scott-Rodino Act (“HSR”) requires that transactions over a certain value be reported at least 30 days prior to closing to the Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ,”...more
Earlier this week, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) released the long-awaited 2023 Merger Guidelines. The final guidelines are the result of nearly two years of behind-the-scenes...more
The Federal Trade Commission and the Department of Justice Antitrust Division have proposed a massive redesign of the premerger notification process—one that may increase the time to complete an HSR filing from 37 to 144...more
The most recent effort by the Biden Administration to “modernize” antitrust policy and enforcement involves withdrawing decades of guidance for the health care industry. On February 2, 2023, the U.S. Department of Justice...more
The Hart-Scott-Rodino Act (“HSR”) requires that transactions over a certain value be reported to the Federal Trade Commission (FTC) and U.S. Department of Justice Antitrust Division at least 30 days prior to closing. That...more
2/1/2023
/ Antitrust Provisions ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
New Guidance ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
In the government’s ongoing efforts to increase antitrust enforcement, Assistant Attorney General (“AAG”) Jonathan Kanter, head of the Department of Justice’s Antitrust Division (“DOJ”), opened up another front for clients to...more
On February 2, 2021, the FTC published its annual changes to the thresholds for determining whether certain transactions must be reported to FTC and DOJ under the Hart-Scott-Rodino Act before closing can occur....more
Policing hospital mergers has become a top enforcement priority among federal antitrust enforcers. In 2020 alone, the FTC sued to block three hospital transactions (Jefferson/Einstein, Methodist Le Bonheur/Tenet and...more
From the moment a merger agreement is signed, the parties are often eager to begin the process of integrating and consolidating their operations. But doing too much coordination before closing could constitute “gun...more
The U.S. Department of Justice's loss to American Express sends a message to health care providers: Steering, tiering, exclusive dealing and other contractual arrangements that appear to suppress competition in one part of...more
10/19/2016
/ ACOs ,
American Express ,
Anti-Competitive ,
Anti-Steering Rules ,
Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Credit Cards ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Health Insurance ,
Healthcare ,
Medicare Shared Savings Program ,
Merchants ,
Retailers ,
Unfair Competition
On February 25, 2015, the U.S. Supreme Court narrowed the scope of antitrust immunity for state regulatory boards whose members are active market participants in the occupation regulated by the boards. In North Carolina State...more
6/24/2015
/ Dental Practice ,
Federal Trade Commission (FTC) ,
Healthcare ,
LegalZoom ,
NC Board of Dental Examiners v FTC ,
Pain Management ,
Regulatory Standards ,
SCOTUS ,
Sherman Act ,
State Medical Board ,
Telemedicine
In reviewing mergers of healthcare providers, government antitrust enforcers have historically focused on horizontal mergers between competing providers—in particular, those that result in high market shares in a specific...more
3/18/2015
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Hospital Mergers ,
Hospitals ,
Physicians ,
Popular ,
St. Luke's
Healthcare providers frequently consolidate to cut costs and improve patient care. These benefits can result from sharing administrative costs such as billing and electronic recordkeeping, eliminating excess capacity, better...more
The Hart-Scott-Rodino Act ("HSR") requires that transactions over a certain value be reported to the Federal Trade Commission (FTC) and U.S. Department of Justice Antitrust Division at least 30 days prior to closing. That...more
In This Issue:
- Norman PHO
- Key Conclusions
- Implications for Established and Newly Forming Networks
- Excerpt from Norman PHO:
The Norman PHO is comprised of a single hospital system and...more
The U.S. Supreme Court on February 19th scaled back the "state action immunity" doctrine, siding with the Federal Trade Commission on an issue that had divided the lower courts and holding that a county Hospital Authority's...more
2/27/2013
/ Acquisitions ,
Federal Trade Commission (FTC) ,
FTC v. Phoebe Putney Health System ,
Government Entities ,
Governmental Immunity ,
Governmental Liability ,
Hospital Mergers ,
Hospitals ,
Monopolization ,
SCOTUS ,
State Action Doctrine