News & Analysis as of

Anti-Competitive Federal Trade Commission (FTC) Health Care Providers

Parker Poe Adams & Bernstein LLP

New FTC Consent Order Against Health Care-Focused Private Equity Firm Has Antitrust Implications

Last week, the Federal Trade Commission (FTC) approved a final consent order with a private equity firm focused on health care and technology to resolve allegations of anticompetitive practices in two anesthesiology markets...more

Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

Goodwin on

In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Quarles & Brady LLP

Justice Department’s New Task Force on Health Care Monopolies and Collusion

Quarles & Brady LLP on

DOJ recently formed the Antitrust Division’s (the “Division”) Task Force on Health Care Monopolies and Collusion (“HCMC”), signaling anticompetitive activity in health care markets as an enforcement priority....more

Benesch

Dialysis & Nephrology Digest - July 2024

Benesch on

FTC Investigates Major Dialysis Providers Over Anticompetitive Practices - The Federal Trade Commission (FTC) is investigating DaVita and Fresenius Medical Care, the largest U.S. dialysis providers, for potentially using...more

Troutman Pepper Locke

PE Firm Escapes FTC’s Challenge to Texas Anesthesiology Roll-Up

Troutman Pepper Locke on

A Texas federal court dismissed the Federal Trade Commission’s (FTC) lawsuit against private equity (PE) owner, Welsh, Carson, Anderson & Stowe (Welsh Carson), while allowing to proceed the agency’s challenge against U.S....more

Patterson Belknap Webb & Tyler LLP

Federal Suit by Ohio Physicians Challenging Noncompete Agreements Dismissed for Lack of Antitrust Standing

On April 29, 2024, a federal judge in the Southern District of Ohio dismissed a lawsuit brought by a group of physicians accusing the health-care provider Adena Health System of anticompetitive conduct, including through the...more

Seyfarth Shaw LLP

All Gas No Brakes – The FTC, DOJ, and HHS Unveil Online Reporting Portal as Latest Effort to Combat Unfair and Anticompetitive...

Seyfarth Shaw LLP on

On April 18, 2024, the Federal Trade Commission (“FTC”), Justice Department (“DOJ”), and the U.S. Department of Health and Human Services (“HHS”) launched an online reporting portal, HealthyCompetition.gov, for the public to...more

Stevens & Lee

U.S. Anesthesia Partners and Welsh Carson File Motions to Dismiss FTC Antitrust Case

Stevens & Lee on

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

Stevens & Lee

FTC Sues Private Equity Firm and Anesthesia Group Alleging Unlawful Monopolization in Texas Market

Stevens & Lee on

Yesterday, the Federal Trade Commission (“FTC”) filed suit in federal district court alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”), which...more

Lathrop GPM

A New Vacuum in Antitrust? DOJ Withdraws Longstanding Health Care Enforcement Statements

Lathrop GPM on

With little warning the Antitrust Division of the U.S. Department of Justice announced on February 3 the withdrawal of three critical pieces of guidance for the health care industry...more

Stevens & Lee

Federal Trade Commission Policy Paper Takes Hard Stance Against Certificates of Public Advantage

Stevens & Lee on

Background- Many states have enacted Certificate of Public Advantage (“COPA”) laws which seek to permit hospital mergers that might otherwise have been challenged by the Federal Trade Commission (“FTC”) and found to violate...more

Robinson+Cole Health Law Diagnosis

FTC Takes Action to Block Hospital Transactions in Utah and New Jersey

On June 2, 2022, the Federal Trade Commission announced a pair of antitrust enforcement actions to block pending health system transactions that, according to it, would harm competition in the provision of inpatient general...more

Polsinelli

Antitrust Enforcers’ "Second Listening" Forum On Merger Reform Highlights Issues In The Healthcare Industry

Polsinelli on

In March of this year the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more

Benesch

Are Non-Compete Covenants Likely to Become Unenforceable after the Issuance of the Biden Administration’s Executive Order? Don’t...

Benesch on

On July 9, 2021, President Biden signed a sweeping Executive Order (“EO”) intended to promote competition in a number of sectors of the economy, including healthcare. The EO targets 4 areas of healthcare in particular -...more

Polsinelli

In a Busy Year of Health Care Antitrust Enforcement, DOJ’s First Criminal Wage-Fixing Prosecution Targets a Health Care Provider

Polsinelli on

Over the last several years, antitrust prosecutors at the Department of Justice have repeatedly cautioned that anticompetitive agreements affecting labor markets can be the subject of criminal prosecution under the antitrust...more

Morgan Lewis

DOJ Antitrust Division Brings First Criminal Wage-Fixing Case: Continuing Enforcement on Labor Market Issues

Morgan Lewis on

A federal grand jury in Texas indicted the owner of a therapist staffing company on wage-fixing charges on December 9. Although this is the US Department of Justice’s first criminal wage-fixing prosecution, the indictment...more

Morgan Lewis - Health Law Scan

FTC Loses Preliminary Challenge to Tie-up of Two Philadelphia Healthcare Networks

On December 8, 2020, Judge Gerald Pappert in the US District Court for the Eastern District of Pennsylvania denied a request from the Federal Trade Commission (FTC) and Pennsylvania attorney general (AG) to preliminarily...more

Akerman LLP - Health Law Rx

Federal Trade Commission Challenge to Northern Philadelphia Hospital Merger Fails

The Federal Trade Commission (“FTC”) has failed – at least for now – in its efforts to derail a merger between Thomas Jefferson University Health System and Albert Einstein Health System, two Philadelphia-area health systems....more

Robinson+Cole Health Law Diagnosis

FTC and Commonwealth of Pennsylvania Challenge Proposed Hospital Merger

On February 27, 2020, the Federal Trade Commission (FTC) announced an action to block a proposed transaction between Thomas Jefferson University d/b/a Jefferson Health (Jefferson) and Albert Einstein Healthcare Network...more

White and Williams LLP

FTC Acts to Block Jefferson/Einstein Hospital Merger

On February 27, 2020, the Federal Trade Commission (FTC) issued an administrative complaint seeking to block the proposed merger of Jefferson Health (Jefferson) and Albert Einstein Healthcare Network (Einstein). The FTC...more

Morgan Lewis - Health Law Scan

DOJ Issues Business Review Letter Greenlighting Expansion of Group Purchasing Arrangement to Cover Optometry Products

The US Department of Justice (DOJ) Antitrust Division issued a Business Review Letter (BRL) on January 15 in response to a proposal by the American Optometric Association (AOA) and AOAExcel GPO, LLC to expand their group...more

Akerman LLP - Health Law Rx

FTC Investigating the Competitive Effects of Certificates of Public Advantage

The Federal Trade Commission has issued orders to five health insurers and two health systems requiring them to provide information that will assist the FTC in studying the competitive effects of certificates of public...more

McDermott Will & Schulte

[Webinar] Getting The Deal Through: Navigating Antitrust Scrutiny Of Health System Deals And Beyond - November 12th, 12:00 pm ET

McDermott Will & Schulte on

According to a new report by the Health Care Cost Institute, nearly three-quarters of 112 metropolitan areas across 43 states have “highly concentrated” hospital markets—showing a rise of such areas from 67% in 2012 to 72% in...more

Bass, Berry & Sims PLC

New HSR Annual Report Indicates Trends of Agency Challenges to Transactions, Renewed Interest in Healthcare Transactions

Bass, Berry & Sims PLC on

The 2018 Hart-Scott-Rodino Annual Report (the 2018 HSR Report), recently released by the Federal Trade Commission (FTC) and the Department of Justice’s (DOJ) Antitrust Division, conveys information about their review of...more

Robinson+Cole Health Law Diagnosis

Eighth Circuit Affirms Preliminary Injunction Blocking Physician Practice Acquisition in North Dakota

On June 13, 2019, the U.S. Court of Appeals for the Eighth Circuit affirmed a preliminary injunction granted to the Federal Trade Commission (FTC) and North Dakota Attorney General (NDAG) blocking the proposed acquisition of...more

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