News & Analysis as of

Antitrust Provisions Corporate Practice of Medicine

Greenbaum, Rowe, Smith & Davis LLP

Navigating New Jersey’s Medical Spa Regulatory Landscape: Key Compliance and Risk Management Considerations

The medical spa industry is thriving, but with growth comes complexity, particularly in New Jersey where healthcare and professional licensing rules intersect with business and real-estate regulations. For physicians, nurses,...more

Greenbaum, Rowe, Smith & Davis LLP

Legal Risks and Challenges for Private Equity in Healthcare Acquisitions

Private Equity (PE) firms continue to be significant players in U.S. healthcare, acquiring assets across various sectors such as physician practices, home health, behavioral health, and urgent care. However, recent legal...more

WilmerHale

Healthcare & Antitrust: What to Expect in the New Trump Administration

WilmerHale on

Antitrust scrutiny of healthcare markets is nothing new. The Biden Administration and first Trump Administration focused antitrust enforcement efforts across the healthcare and life sciences industries. The newly installed...more

BakerHostetler

Live Updates #2 - ABA Antitrust Spring Meeting 2025, Washington, D.C.

BakerHostetler on

The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these brief updates from the conference sessions on Day 2 at this week’s ABA Antitrust Spring Meeting in Washington, D.C....more

Holland & Knight LLP

Q2 2025 Update on State Efforts to Regulate Healthcare Consolidation

Holland & Knight LLP on

New state healthcare transaction reporting and corporate practice of medicine (CPOM) laws faced significant headwinds in 2024 with increased opposition by state legislators and advocacy participation by industry stakeholders....more

Rivkin Radler LLP

State Laws Target Healthcare Investments as Feds Deregulate

Rivkin Radler LLP on

Will the new administration’s federal deregulation be a boon for private equity investment in healthcare providers, or will the states be the “new sheriff in town”? In the short time he has been in office, President Trump...more

Goodwin

States Continue to Pursue and Expand Healthcare Market Oversight at an Unprecedented Pace, with Significant Implications for...

Goodwin on

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

Benesch

Healthcare Private Equity Investment: As Federal Headwinds Subside, a Gale Warning Goes Up in Many States

Benesch on

Private equity (PE) investment in the U.S. healthcare sector faces a complex and evolving regulatory and legislative landscape. Both federal and state authorities are intensifying scrutiny of PE investment, driven by concerns...more

Holland & Knight LLP

Proposed Changes to New York's Material Transactions Law Expand Oversight

Holland & Knight LLP on

New York Gov. Kathy Hochul unveiled her executive budget proposal for State Fiscal Year (FY) 2025-2026 on Jan. 21, 2025, which includes amendments to the state's Disclosure of Material Transactions law. If the amendments are...more

Holland & Knight LLP

5 Key Antitrust Takeaways from Holland & Knight's Panel at Nashville Healthcare Sessions 2024

Holland & Knight LLP on

2024 has been an eventful year for federal and state antitrust enforcement in healthcare with many in the industry wondering where do we go from here in 2025. Holland & Knight sponsored a breakout panel discussion at the...more

Fenwick & West LLP

Heart of Healthcare Podcast: FTC Chair Lina Khan on Healthcare, Antitrust, and the Future of Competition

Fenwick & West LLP on

In a recent episode of the Heart of Healthcare podcast, co-hosts Michael T. Esquivel and Halle Tecco, sat down with Federal Trade Commission (FTC) Chair Lina Khan, who offered her perspective on the intersection of antitrust...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update Q2 2024

Goodwin on

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

Venable LLP

Event in Review: Antitrust in Healthcare: The Good, the Bad, and the Ugly

Venable LLP on

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more

Holland & Knight LLP

Recent Ruling Shows Healthcare Private Equity Firms a Path Through the New Antitrust Era

Holland & Knight LLP on

Private equity sponsors can exhale: A federal court recently stopped the Federal Trade Commission's (FTC) antitrust action that targeted private equity sponsor Welsh, Carson, Anderson & Stowe for the healthcare "roll-up"...more

WilmerHale

“Roll Up” or Roll On Out: Court Dismisses FTC Lawsuit Against Private Equity Firm Welsh Carson Under Section 13(b)

WilmerHale on

In a decision with significant implications for private equity firms and minority investors, on May 13, 2024, the US District Court for the Southern District of Texas dismissed the Federal Trade Commission’s (FTC) suit...more

Womble Bond Dickinson

FTC is Targeting Private Equity Acquisitions in Healthcare - Is Your Industry Next?

Womble Bond Dickinson on

On March 5, the FTC convened a workshop with regulators, academics and stakeholders to discuss the impact of private equity in the healthcare market. The workshop reflects the FTC and DOJ Antitrust Division’s recent focus on...more

Holland & Knight LLP

Antitrust Enforcers Reaffirm Focus on Private Equity in Healthcare at Public Workshop

Holland & Knight LLP on

As Holland & Knight observed previously, the Biden Administration's antitrust enforcers have trained their sights on private equity firms and their portfolio companies, including in a Sept. 21, 2023, lawsuit challenging one...more

Goodwin

FTC and DOJ Launch New Cross-Government Inquiry on the Role of Private Equity in Healthcare

Goodwin on

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

Benesch

New State Healthcare Antitrust Laws Require Pre-Closing Notice for Certain Healthcare Transactions

Benesch on

During the past year, a number of states have enacted antitrust legislation relating to healthcare entities, which, once effective, will implement a dedicated health care transaction review process by relevant state agencies....more

BakerHostetler

UPDATE: Are Hospital Acquisitions with COPA Authorization Exempt from HSR Premerger Notification?

BakerHostetler on

In my earlier post in the Antitrust Advocate Blog, I noted recent setbacks that the Federal Trade Commission has experienced with respect to its regulatory authority. I then asked whether the FTC would suffer another...more

Williams Mullen

Federal Trade Commission Targets Private Equity in Healthcare for Antitrust Enforcement

Williams Mullen on

The Federal Trade Commission (FTC) announced an action on September 21, 2023, against U.S. Anesthesia Partners, Inc. (USAP) and private equity group Welsh, Carson, Anderson & Stowe (WCAS), alleging that a series of...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

Holland & Knight LLP on

The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Dorsey & Whitney LLP

Minnesota Attorney General Notification of Health Care Transactions

Dorsey & Whitney LLP on

On May 26, 2023, the Governor of Minnesota signed into law Minnesota bill HF 402 to increase government oversight of health care transactions that occur in Minnesota or involve Minnesota-based health care entities. Minnesota...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

Goodwin on

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

Goodwin

Maine Proposes Regulatory Approval Scheme for “Material Change Transactions” Involving “Health Care Entities”

Goodwin on

On March 28, 2023, the Maine Legislature proposed legislation that would prohibit certain “health care entities,” including medical and other professional practices, licensed health care facilities, and providers of...more

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