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Antitrust Litigation Federal Trade Commission (FTC) Healthcare

Goodwin

Antitrust & Competition Healthcare Quarterly Update Q1 2025

Goodwin on

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

Troutman Pepper Locke

Illinois and Minnesota AGs Join FTC’s Lawsuit Against Private Equity Firm

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Illinois Attorney General (AG) Kwame Raoul and Minnesota AG Keith Ellison have joined the Federal Trade Commission (FTC) in a lawsuit to block the acquisition of Surmodics Inc. by GTCR BC Holdings LLC, two major manufacturers...more

Kerr Russell

Yes, Dentists Are Subject to Antitrust Law

Kerr Russell on

The U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) historically have been active in the health care industry, with many prosecutions of physicians and dentists for antitrust violations. These...more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: The Future of Healthcare Mergers

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Axinn, Veltrop & Harkrider LLP

Who’s Blocking Me? Competition Law Issues With Healthcare Information Blocking

This week on the American Bar Association’s Our Curious Amalgam podcast, co-hosts Jeny Maier, Managing Partner at Axinn, Veltrop & Harkrider, and Matt Tabas, Antitrust & Competition Partner at Arnold & Porter, are joined by...more

Axinn, Veltrop & Harkrider LLP

The Fate of the “Last Gasp” of the Biden FTC: Will Its Legacy Survive the Trump Administration?

In the days leading up to President Trump’s inauguration, the Biden FTC rushed to initiate major lawsuits and to tie a bow on various antitrust policy efforts. In a series of dissenting statements, the minority Republican...more

A&O Shearman

Antitrust in focus - November 2024

A&O Shearman on

New U.S. merger control filing forms to take effect in February 2025 - Following publication in the Federal Register, the new Hart-Scott-Rodino (HSR) premerger notification forms will become effective on February 10, 2025....more

Mintz - Antitrust Viewpoints

Information Sharing in the Trump Administration

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more

Holland & Knight LLP

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

Holland & Knight LLP on

District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more

Axinn, Veltrop & Harkrider LLP

Hospital Deal Collapses When Fourth Circuit Agrees to Injunction Pending Review of FTC Loss — Key Issue Left Unresolved

The FTC lost its challenge to Novant's acquisition of two hospitals owned by Community Health Systems ("CHS") but obtained an injunction pending appeal. Soon after learning the injunction was granted, Novant dropped the...more

Bass, Berry & Sims PLC

Court Dismisses “Roll-Up” Lawsuit against Private Equity Firm in Blow to FTC

Bass, Berry & Sims PLC on

On May 13, a federal district court in Texas dismissed private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) from an antitrust lawsuit filed by the Federal Trade Commission (FTC). The lawsuit, which was...more

McDermott Will & Schulte

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

Perkins Coie

DOJ Withdraws Healthcare Antitrust Policy Statements

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The U.S. Department of Justice (DOJ), Antitrust Division, recently withdrew three sets of guidelines that had been relied upon heavily by the healthcare industry: the 1993 Antitrust Enforcement Policy Statements Issued for...more

McDermott Will & Schulte

Heard on Day One of 2022 Antitrust Law Spring Meeting

This week, the American Bar Association’s Antitrust Law Section kicked off its annual Spring Meeting in Washington, DC, which features updates from the antitrust enforcers and substantive discussions on today’s most pressing...more

Bradley Arant Boult Cummings LLP

2021 AHLA Year in Review: Antitrust

I. ANTITRUST (Updated January 2022) - A. M&A - 1. Provider Merger Enforcement - a. Hackensack Meridian Health/Englewood Healthcare Foundation - • In December 2020, the FTC sued to block Hackensack Meridian...more

Epstein Becker & Green

Lina Khan Takes Charge of the Federal Trade Commission

Epstein Becker & Green on

On June 15, 2021, in a 69–28 vote, the Senate confirmed Lina Khan to fill the current vacancy at the Commissioner level of the Federal Trade Commission (“FTC”). Immediately upon her confirmation, President Biden tapped Ms....more

Holland & Knight LLP

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

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As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Polsinelli

2016 Antitrust Case Law And FTC Action Highlights FTC Agency’s Approach To Hospital Mergers

Polsinelli on

In 2016, the Federal Trade Commission prevailed in litigation before the Third and Seventh Circuit Courts of Appeal related to two high-profile hospital mergers. In both cases, the courts of appeal overturned the federal...more

McDermott Will & Schulte

Seventh Circuit Hands FTC Another Geographic Market Definition Victory in Chicago Hospital Merger Case

On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This...more

Ballard Spahr LLP

FTC Scores Another Victory in FTC v. Advocate Health Care Network

Ballard Spahr LLP on

The Federal Trade Commission (FTC) won another decisive victory in its effort to fight health care provider consolidation when the U.S. Court of Appeals for the Seventh Circuit reversed a district court’s decision denying the...more

Mintz

Big Summary Judgment Win for Hospital Defending $300M Exclusive Dealing Antitrust Suit

Mintz on

After fending off a motion for judgment on the pleadings in March 2015, a small hospital in Peoria, Illinois lost on summary judgment in its $300 million antitrust suit alleging illegal exclusive dealing and attempted...more

Sheppard Mullin Richter & Hampton LLP

Regulatory Capture Vitiates State Action Immunity

The Supreme Court has ruled that when an oversight mechanism created by a State —here a State Board — is under the control of those it was supposed to be regulating (sometimes referred to by economists as “regulatory...more

Faegre Drinker Biddle & Reath LLP

Ninth Circuit Denies Rehearing to St. Luke’s Health System

The Ninth Circuit will not reconsider its decision to force St. Luke’s Health System to unwind its purchase of Saltzer Medical Group, the largest physician practice group in the relevant Idaho market. The ruling leaves in...more

Mintz

FTC Settles Radioactive Allegations Against Cardinal Health with a Near Record-Breaking Disgorgement Agreement

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In a 3-2 decision, as part of its aggressive antitrust enforcement in health care industries, the Federal Trade Commission (FTC or the Commission) announced that Cardinal Health, Inc. (Cardinal) agreed to pay $26.8 million to...more

King & Spalding

Phoebe Putney Reaches Settlement with FTC

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On March 31, 2015, the Federal Trade Commission (FTC) entered into a settlement with Phoebe Putney Health System, Inc. (Phoebe Putney), the Hospital Authority of Albany-Dougherty County, and HCA Inc., finally resolving the...more

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