The Federal Trade Commission (FTC) prevailed in the first round of its much-criticized challenge to Tapestry Inc.'s acquisition of Capri Holdings Limited. Tapestry owns the Coach brand, and Capri owns the Michael Kors and...more
The Federal Trade Commission (FTC) voted unanimously on Oct. 10, 2024, to substantially amend the Hart-Scott-Rodino Act (HSR) premerger notification rules, HSR form and instructions, expanding the scope of information and...more
10/16/2024
/ Acquisitions ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Effective Date ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Required Documentation ,
Threshold Requirements
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
10/14/2024
/ Acquisitions ,
Antitrust Provisions ,
Best Practices ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Governor Newsom ,
Hart-Scott-Rodino Act ,
Mergers ,
Pending Legislation ,
Portfolio Companies ,
Premerger Notifications ,
Private Equity ,
Proposed Legislation
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
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
6/4/2024
/ Acquisitions ,
Antitrust Provisions ,
Corporate Practice of Medicine ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Injunctive Relief ,
Popular ,
Portfolio Companies ,
Private Equity ,
Section 5
In Federal Trade Commission v. U.S. Anesthesia Partners, Inc. et al., a federal district court granted private equity firm Welsh, Carson, Anderson & Stowe's motion to dismiss it from the Federal Trade Commission's (FTC)...more
The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule has been summarized by our Holland & Knight colleagues. (See...more
The "Birkin" name is well known around the world – it is synonymous with exclusivity and high-end luxury. From storylines in "Sex and the City" and "Gilmore Girls" to mentions in lyrics from the likes of Jay-Z and Beyoncé,...more
3/25/2024
/ Antitrust Violations ,
Cartwright Act ,
Class Action ,
Distributors ,
Fashion Branding ,
Fashion Design ,
Fashion Industry ,
Monopolization ,
Putative Class Actions ,
Sherman Act ,
Unfair Competition Law (UCL) ,
Unfair or Deceptive Trade Practices
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
3/8/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Asset Management ,
Biden Administration ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Popular ,
Private Equity ,
Private Equity Firms ,
Public Comment ,
Request For Information
After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more
12/21/2023
/ Acquisitions ,
Anticompetitive Agreements ,
Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Joint Statements ,
Joint Venture ,
Limited Liability Company (LLC) ,
Merger Reviews ,
Mergers ,
Ownership Interest ,
Partnerships ,
Risk Assessment ,
Vertical Mergers
The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant...more
In a growing trend, states are enacting laws modeled after the federal Hart-Scott-Rodino (HSR) Act, which requires parties to proposed transactions that satisfy certain reporting thresholds to first provide information to the...more
The Federal Trade Commission (FTC) on Sept. 21, 2023, sued a private equity firm in the U.S. District Court for the Southern District of Texas over an alleged decade-long "roll-up" strategy to consolidate anesthesiology...more
9/27/2023
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Division ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Industry Consolidation ,
Monopolization ,
Physicians ,
Private Equity ,
The Clayton Act
The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) on July 19, 2023, jointly announced the release of proposed Merger Guidelines that would expand significantly the number and types of transactions...more
7/25/2023
/ Antitrust Division ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
Proposed Regulation ,
Section 7 ,
The Clayton Act
The Federal Trade Commission (FTC) on June 27, 2023, announced its intention to increase the cost and burden of its regulatory processes, which might prevent many even benign and procompetitive mergers and acquisitions (M&A)...more
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
5/31/2023
/ Acquisitions ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Corporate Practice of Medicine ,
Federal Trade Commission (FTC) ,
Healthcare Facilities ,
Hospitals ,
Information Sharing ,
Interlocking Directorate ,
Joint Venture ,
Mergers ,
Section 5 ,
Sherman Act ,
The Clayton Act