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Competition Hospitals Department of Justice (DOJ)

Stevens & Lee

DOJ Launches Task Force to Identify and Eliminate Anticompetitive Laws and Regulations

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On March 27, the U.S. Department of Justice (DOJ) announced that it was launching an Anticompetitive Regulations Task Force, whose stated purpose is to advocate for the elimination of anticompetitive state and federal laws...more

McCarter & English, LLP

Healthcare Consolidation and Private Equity: Public Input on Antitrust Healthcare Regulations

The Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), and the Department of Health and Human Services (HHS) (together the Agencies) launched a cross-government agency request for information...more

Stevens & Lee

Higher Prices, Reduced Access, Lower Quality Care: HHS, FTC, DOJ Report Harshly Criticizes Provider Consolidation and Private...

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In March 2024, the Federal Trade Commission (FTC), the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) (collectively, Agencies) issued a request for information (RFI) seeking public comment...more

Rivkin Radler LLP

Federal Agencies Express Concerns About Health Care Market Consolidation and Role of Private Equity

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On January 15, 2025, the Federal Trade Commission (FTC), Department of Justice (DOJ), and Department of Health and Human Services (HHS) released a joint report continuing their collaborative initiative to address...more

Ropes & Gray LLP

[Podcast] Health Care Transaction Laws Unwrapped: Recent Antitrust Developments

Ropes & Gray LLP on

Join us for the final episode of our Health Care Transaction Laws Unwrapped podcast series, where Ropes & Gray antitrust partner Jane Willis and counsel David Young explore the intersection of health care transaction laws and...more

Epstein Becker & Green

DOJ’s Antitrust Division Launches New Task Force to Target Health Care Monopolies and Collusion

Epstein Becker & Green on

On May 9, 2024, the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced a new task force to address “pressing antitrust problems in health care markets.” This new initiative, named the Task Force on Health Care...more

Stevens & Lee

Health Care Antitrust Update Part I: Key Developments in Antitrust Litigation Involving Health Care Acquisitions and Mergers

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Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In the litigation context, this has involved, in addition to new lawsuits filed by the...more

Mayer Brown

Private Equity in Healthcare: Increased Scrutiny from FTC, DOJ, and HHS

Mayer Brown on

Private equity acquisitions in healthcare will likely face increased scrutiny from multiple federal departments, as well as from state antitrust enforcement officials....more

Health Care Compliance Association (HCCA)

In Biggest Stark-Based FCA Settlement Ever, Indiana Hospital Pays $345M, Has Unusual CIA

Community Health Network (CHN) in Indiana has agreed to pay $345 million to settle false claims allegations that it paid over-the-top salaries to hundreds of physicians and rewarded them for their referrals in violation of...more

Stevens & Lee

FTC/DOJ Merger Guidelines: Assessment of Rebuttal Evidence

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As explained in our prior article discussing the recently- issued Merger Guidelines (“Guidelines”), the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) (the “Agencies”) having described and discussed the...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q2 2023

Goodwin on

Agencies drastically revise Merger Guidelines and HSR process while withdrawing long-established antitrust healthcare guidance - The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ,...more

WilmerHale

Highway to the Danger Zone: DOJ Withdraws Safety Zone Guidance for Healthcare Industry

WilmerHale on

The Department of Justice Antitrust Division (DOJ) recently withdrew three sets of policy statements regarding the US antitrust agencies’ enforcement approach to conduct in the healthcare industry. These policy statements...more

Epstein Becker & Green

DOJ Withdraws Long-Standing Support for Antitrust Enforcement Policy Statements in Health Care

In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements (collectively, the “Statements”) that have served for...more

McGuireWoods LLP

DOJ Withdraws ‘Out of Date’ Antitrust Enforcement Guidance Relating to Healthcare Providers

McGuireWoods LLP on

On Feb. 3, 2023, the Department of Justice Antitrust Division (DOJ) announced that it has withdrawn what it considers to be “outdated” joint Federal Trade Commission (FTC) and DOJ guidance, including the 1996 Statements of...more

Stevens & Lee

Continued Spotlight on Cross-Market Hospital Mergers

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Mergers between competitor hospitals in the same geographic market have been routinely scrutinized and often challenged by the Federal Trade Commission (“FTC”) and the U.S. Department of Justice (“DOJ”). Cross-market mergers...more

Stevens & Lee

Possible Changes to the 2010 Merger Guidelines Regarding Pro-Competitive Efficiencies

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In the recent hospital merger cases successfully challenged by the FTC (whether via the parties calling off the merger or losing in federal court), the merging parties have argued that, while the merger would not be likely to...more

Epstein Becker & Green

Podcast: How Will Biden’s Executive Order Impact Future Hospital Mergers? - Diagnosing Health Care

Epstein Becker & Green on

We’re beginning to see how mergers and acquisitions in the hospital industry are being impacted by President Biden’s executive order promoting competition in the American economy. The Federal Trade Commission recently...more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

Goodwin on

On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

Sheppard Mullin Richter & Hampton LLP

The State of Competition in the U.S. Healthcare Industry

The U.S. healthcare system has been undergoing significant changes since the passage of the Affordable Care Act in 2010, which helped precipitate a wave of hospital and healthcare system consolidation, as providers sought out...more

Mintz - Antitrust Viewpoints

FTC’s Hospital Merger Challenges Hit Speedbump in Philadelphia

The Federal Trade Commission’s (“FTC”) recent winning streak in its ongoing challenges of hospital and physician mergers has, at least for now, ended in a Philadelphia U.S. district court. After six days of evidentiary...more

Sheppard Mullin Richter & Hampton LLP

Merger of Adventist-St. Joseph Rejected by the California Attorney General

On October 31, 2019, the California Department of Justice (“DOJ”) issued a denial letter rejecting a proposed merger between Adventist Health System/West and St. Joseph Health System. The parties had submitted notices to the...more

Hogan Lovells

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Spring 2019

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Read the latest news on antitrust, competition and economic regulation (ACER) in this Spring's edition of our quarterly ACER newsletter. ...more

King & Spalding

FTC Wins Sanford Health/Mid Dakota Merger Appeal in Eighth Circuit

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On June 13, 2019, the Eighth Circuit affirmed the district court’s grant of a preliminary injunction blocking the proposed merger of North Dakota healthcare providers Sanford Health, Sanford Bismarck (collectively, “Sanford”)...more

McDermott Will & Emery

Antitrust Litigation Update for Health Care Providers - June 2019

2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable...more

Ruder Ware

DOJ Focuses Antitrust Enforcement on Health Care Industry

Ruder Ware on

As health care attorneys we are often called upon to consider the antitrust implications in a variety of contracts and transactions. For example, the establishment of clinically integrated health care networks requires...more

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