Forecasting the future is always a perilous exercise, but here's what my antitrust crystal ball tells me about antitrust enforcement in the second Trump administration....more
As we reported in October, the Federal Trade Commission, with the concurrence of the United States Department of Justice Antitrust Division, have issued revised Hart-Scott-Rodino (HSR) premerger notification rules. These...more
The North Carolina Supreme Court issued a decision on Oct. 18 that does not decide the constitutionality of North Carolina's Certificate of Need (CON) law one way or the other but does keep the case alive for further decision...more
As we reported on Oct. 11, the Federal Trade Commission (FTC) and Department of Justice (DOJ) announced the final HSR (Hart-Scott-Rodino Antitrust Improvements Act of 1976) rules and form changes on Oct. 10. While the “new”...more
10/16/2024
/ Acquisition Agreements ,
Antitrust Provisions ,
Buyers ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Sellers
Life's about to get more interesting for parties filing premerger notification and report forms under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976....more
The lazy, hazy days of summer are definitely not lazy or hazy when it comes to health planning in North Carolina. At this point in the year, the draft State Medical Facilities Plan (SMFP) has been published, and the summer...more
The FTC unveiled its long-awaited final rule banning most non-compete agreements during a live broadcast of a Commission meeting on April 23, 2024. The proposed rule, which was first announced in January 2023, underwent an...more
4/26/2024
/ Competition ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Healthcare ,
Healthcare Workers ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants
Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard...more
2/2/2024
/ Antitrust Investigations ,
Antitrust Violations ,
Civil Investigation Demand ,
Department of Justice (DOJ) ,
Electronic Communications ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Instant Messaging Apps ,
Microsoft ,
Obstruction of Justice ,
Record Preservation ,
Slack
The Federal Trade Commission (FTC) has now announced the adjusted Hart-Scott-Rodino (HSR) thresholds, filing fees and thresholds, and civil monetary penalties for the new year. The HSR Act requires parties to certain mergers,...more
A new year means resolutions which are often centered around self-improvement measures like weight loss, exercise plans, and other health improvement measures. Companies can also benefit from resolutions. Increasing antitrust...more
As we reported on July 7, the Federal Trade Commission, with the concurrence of the U.S. Department of Justice, released a Notice of Proposed Rulemaking (NPRM) to overhaul the Hart-Scott-Rodino (HSR) Act of 1976’s premerger...more
As we reported last month, the draft 2024 State Medical Facilities Plan (SMFP) was released on July 3, 2023. The SMFP is North Carolina’s key health planning document in which the State publishes need determinations for...more
With minimal fanfare on a quiet summer Friday afternoon, the Federal Trade Commission (FTC) did what many have been expecting it to do for several months: it officially withdrew from two healthcare antitrust enforcement...more
On June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the U.S. Department of Justice (USDOJ), released a 133-page Notice of Proposed Rulemaking (NPRM) seeking to overhaul the Hart-Scott-Rodino Act of...more
7/28/2023
/ Acquisition Agreements ,
Antitrust Provisions ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
NPRM ,
Premerger Notifications ,
Regulatory Agenda ,
Regulatory Reform
The North Carolina Department of Health and Human Services Division of Health Service Regulation (DHSR) has published the draft 2024 State Medical Facilities Plan (SMFP), which was developed by the State Health Coordinating...more
On April 18, 2023, Representative Caleb Rudow (D-Buncombe) introduced House Bill (HB) 737, entitled An Act Preserving Competition in Health Care by Regulating the Consolidation and Conveyance of Hospitals. If enacted, HB 737...more
4/27/2023
/ Certificates of Public Advantage (COPAs) ,
Competition ,
General Assembly ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospital Mergers ,
Hospitals ,
Industry Consolidation ,
Legislative Agendas ,
North Carolina ,
Proposed Legislation ,
Regulatory Agenda
On March 27, 2023, North Carolina Governor Roy Cooper signed House Bill 76, now known as Session Law 2023-7, into law. Also called “Access to Healthcare Options,” Session Law 2023-7 primarily aims to expand Medicaid....more
The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), codified at 15 USC § 18a, is the federal antitrust law that requires parties to certain large mergers, acquisitions, joint ventures and other corporate...more
As normally happens in late January every year, the Federal Trade Commission (FTC) has announced its revised Hart-Scott-Rodino (HSR) thresholds. The HSR Act requires parties to certain mergers, acquisitions, joint ventures,...more
The arrival of a new year in North Carolina brings a new State Medical Facilities Plan (“SMFP”). The SMFP is the annual planning document issued by the North Carolina Department of Health and Human Services, and signed by the...more
The arrival of a new year in North Carolina brings with it a new State Medical Facilities Plan (“SMFP”). The SMFP is the annual planning document issued by the North Carolina Department of Health and Human Services, and...more
The North Carolina Department of Health and Human Services Division of Health Service Regulation (“DHSR”) has published the draft 2023 State Medical Facilities Plan (“SMFP”), which was developed by the State Health...more
In the wake of robust merger and acquisition activity and the resulting unprecedented numbers of reported transactions, the Federal Trade Commission (“FTC”) has announced significant increases to the Hart-Scott-Rodino (“HSR”)...more
Governor Roy Cooper signed the 2022 North Carolina State Medical Facilities Plan (“SMFP”) on December 17, 2021. This SMFP became effective on January 1, 2022. The Governor has authority to modify the SMFP, but the 2022 SMFP...more
In recent months we have provided updates regarding the status of various legislative efforts to amend North Carolina’s certificate of need law (“CON Law”). One effort was successful: Session Law 2021-129 (Senate Bill 462)...more