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Healthcare Antitrust Provisions

Sheppard Mullin Richter & Hampton LLP

State Antitrust Enforcement Roundup: Updates to Healthcare Merger Matrix; New Potential Legislation Targeting Private Equity and...

State oversight of healthcare transactions is continuing to undergo a significant transformation. As tracked in our updated Healthcare Merger Matrix, the number of states implementing or considering expanding antitrust laws...more

Robinson+Cole Health Law Diagnosis

Appellate Court Gives Go-Ahead for 340B Contract Pharmacy Insulin Pricing Suit to Proceed

On August 6, 2025, the U.S. Court of Appeals for the Second Circuit issued an opinion allowing a case challenging drug pricing changes to proceed. The case, an antitrust action brought by health centers against certain...more

Kerr Russell

Length of Covenants Not to Compete

Kerr Russell on

Question: I am selling my practice and plan to become employed by the buyer for a year following the closing. I expect that I will have to agree to a covenant not to compete. This article originally appeared in the August...more

Katten Muchin Rosenman LLP

The FTC Goes All In on Head-To-Head Competition for Pipeline Medical Devices Merger Challenge

On August 6, the Federal Trade Commission (FTC) challenged Edwards Lifesciences Corp.'s proposed $945 million acquisition of JenaValve Technology, Inc. The deal would combine the two leading companies competing to develop...more

Sheppard Mullin Richter & Hampton LLP

Trump Revokes Biden Administration’s Executive Order on Antitrust & Competition but other Biden Administration Antitrust Policy...

On August 13, 2025, President Trump revoked the Biden Administration’s 2021 Executive Order (Promoting Competition in the American Economy). ...more

Fennemore

Federal and California’s Shared Interest in Promoting Open Competition: Isn’t it Ironic?

Fennemore on

This article provides a brief history of California’s pro-competition law and describes the stalled federal initiative to extend a similar noncompete ban nationally, notwithstanding the overlapping policy interests expressed...more

Cozen O'Connor

Washington and Colorado Enact Uniform Premerger Notification Laws: What Businesses Need to Know About The New Era in State AG...

Cozen O'Connor on

As of July 27, Washington State is now the first state to enact a uniform antitrust premerger notification law, and as of August 6, 2025, Colorado will be the second. Both new notification laws are similar, as they are...more

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Host Second Session on Structural and Regulatory Impediments to Drug Competition

On July 24, 2025, the Federal Trade Commission (“FTC”) and the U.S. Department of Justice (“DOJ”) convened the second of three public listening sessions aimed at identifying barriers to drug price competition in the U.S....more

Troutman Pepper Locke

Second FTC and DOJ Listening Session Focuses on Formulary and Benefit Practices and Regulatory Abuse in the Pharmaceutical...

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On July 24, the Department of Justice (DOJ) and Federal Trade Commission (FTC) held the second of three listening sessions focused on competition in the pharmaceutical marketplace as part of the agency's implementation of the...more

Paul Hastings LLP

New Mini-HSR Laws Take Effect This Summer

Paul Hastings LLP on

Starting Sunday, July 27, 2025, any party to an M&A transaction that triggers a federal Hart-Scott-Rodino (HSR) Act filing must also submit a copy to the Washington attorney general if the filing party (1) maintains a...more

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

Stevens & Lee

Pennsylvania House Bill Takes Aim at Private Equity in Health Care

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Both the CentePending legislation in the Pennsylvania General Assembly seeks to limit the impact of private equity on health care in Pennsylvania. House Bill 1460, titled the “Health System Protection Act,” passed with...more

BakerHostetler

State-Level Merger Scrutiny Grows: Washington, Colorado Lead Expansion of State Premerger Notification Laws

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Earlier this year, Washington state enacted a version of the nascent Uniform Antitrust Pre-Merger Notification Act (the Uniform Act), which is slated to take effect on July 27....more

Troutman Pepper Locke

FTC Holds Its First Listening Session on Practices and Regulations Impacting Pharmaceutical Generic or Biosimilar Competition

Troutman Pepper Locke on

On June 30, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) held the first of three listening sessions focused on ways to lower Americans’ drug prices through competition. The panels are being held as...more

Brownstein Hyatt Farber Schreck

California Regulators Contemplate Potential State-Level Action on Antitrust

At an upcoming June 26 meeting, The California Law Revision Commission (CLRC) will discuss proposed draft language to introduce state-level merger control provisions into California antitrust law via amendments to the...more

ArentFox Schiff

Private Equity Investment in Health Care Providers and Technology – 2025 Midyear Outlook

ArentFox Schiff on

As of mid-2025, private equity (PE) investors remain intensely interested in health care services and technology companies despite higher borrowing costs, heightened regulatory scrutiny, and an increasingly complex state...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

Dacheng

Regulatory Escalation in Pharma Sector: China Imposes First Executive Sanctions in a Cartel Case

Dacheng on

On May 9, 2025, the Tianjin Municipal Administration for Market Regulation (“Tianjin AMR”) announced administrative penalties against four manufacturers of dexamethasone sodium phosphate (“DSP”) active pharmaceutical...more

Stevens & Lee

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

Stevens & Lee on

The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

Holland & Knight LLP

Podcast - Navigating the New Landscape of Private Equity in Healthcare

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In this episode of "Counsel That Cares," Arjan Peters from Capstone moderates a conversation with his colleague Grace Totman, Holland & Knight healthcare attorney John Saran and Association for Responsible Healthcare...more

Carlton Fields

Executive Order Seeks to Eliminate Discrepancies in Drug Pricing Between United States and Other Countries

Carlton Fields on

President Trump’s highly publicized executive order 14297, titled “Delivering Most-Favored-Nation Prescription Drug Pricing to American Patients,” targets the discrepancy in drug pricing in the United States compared with...more

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

Cadwalader, Wickersham & Taft LLP

Washington State Adopts First Broad State Antitrust Premerger Notification Act and Filing Requirement

Effective July 27, 2025, any person that files a Hart-Scott-Rodino (HSR) Act Notification and Report Form (HSR Form) with the Federal Trade Commission (FTC) and the Department of Justice (DOJ) must also submit an electronic...more

Paul Hastings LLP

Check-Up and Diagnosis: The Ongoing Scrutiny of Private Equity Healthcare Investments

Paul Hastings LLP on

In 2024 alone, over 676 private equity firms and related investors acquired healthcare companies or related assets. The growing influence of private equity in the healthcare industry has not gone unnoticed on either of the...more

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