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DOJ Gets First Guilty Verdict for Labor Market Collusion, A Caution to Employers

On April 14, 2025, after a three-week trial, a federal jury in the U.S. District Court for the District of Nevada returned a guilty verdict on all six counts for Eduardo Lopez, a home healthcare staffing executive. Lopez was...more

Trump’s DOJ Antitrust Head Gets to Work

On March 11, 2025, the U.S. Senate confirmed Gail Slater to lead the U.S. Department of Justice’s Antitrust Division. Slater received bipartisan support in her confirmation....more

The New HSR Rule Is Effective, Increasing Filing Obligations

The much-anticipated new rule expanding the requirements for Hart-Scott-Rodino Act (HSR) filings went into effect Feb. 10, 2025. The rule, which is projected to lead to a substantial increase in the time and effort required...more

FTC Announces 2025 Thresholds for Hart-Scott-Rodino Premerger Filings and Fees

On Jan. 10, 2025, the Federal Trade Commission (FTC) announced its annual adjustments to the premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act) and to the filing fee thresholds under the Merger Filing Fee...more

FTC and DOJ Finalize Significant Changes to HSR Form

The Federal Trade Commission (FTC), with concurrence from the Antitrust Division of the U.S. Department of Justice (DOJ), finalized a new rule that significantly changes the form and accompanying instructions for premerger...more

Texas Federal District Court Sets Aside FTC’s Non-Compete Rule Nationwide

A Texas federal district court held on Aug. 20, 2024, that the Federal Trade Commission’s rule banning most employer-employee non-compete agreements is unlawful. This decision — unlike earlier preliminary decisions — orders...more

Texas District Court Preliminarily Enjoins FTC’s Non-Compete Rule Only for Named Plaintiffs

The Federal Trade Commission (FTC) issued a final rule on April 23, 2024, that would ban most employer-employee non-compete agreements. That same day, a challenge to the rule was filed in the U.S. District Court for the...more

Ten Action Items for Healthcare Portfolio Companies in 2024

The investor-backed provider community may be feeling pressure and facing scrutiny from various angles in 2024, as federal and state agencies implement complex pre-closing review processes for healthcare transactions from an...more

FAQs: An Essential Guide for Healthcare Leaders Navigating FTC’s Non-Compete Ban

The Federal Trade Commission’s April 23 final rule banning most non-competes for workers in the United States, including clinical and non-clinical employees in the healthcare industry, undoubtedly will raise questions from...more

FTC Issues Final Rule Banning Most Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements if it survives legal challenges from the U.S. Chamber of Commerce and other...more

Indiana Becomes Latest State to Enact Mandatory Reporting of Healthcare Transactions

On March 13, 2024, Indiana Gov. Eric Holcomb signed into law Senate Bill No. 9, which requires Indiana healthcare entities and private equity firms to notify the Office of the Indiana Attorney General of qualifying...more

FTC Announces 2024 Hart-Scott-Rodino Premerger Filing Thresholds

On Jan. 22, 2024, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act) and new filing fee thresholds under the Merger Filing Fee Modernization Act of 2022. The...more

Senior Living Alert – Antitrust Developments Related to Transactions Involving Private Equity Investment in Senior Living...

White House and Agency Initiatives - On Dec. 13, 2023, the White House announced new efforts to lower healthcare and prescription drug costs, issuing a detailed Fact Sheet. Two of the initiatives focus on private equity...more

DOJ and FTC Issue New Merger Guidelines

On Dec. 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued new Merger Guidelines that explain how both agencies will analyze whether potential transactions may violate the antitrust...more

“There are Cops on the Beat”: DOJ’s Procurement Collusion Strike Force Leader Emphasizes Criminal Antitrust as Top Enforcement...

On September 14, 2023, Daniel W. Glad — Director of the Procurement Collusion Strike Force (“Strike Force”) for the Department of Justice’s (“DOJ”) Antitrust Division — gave remarks as the keynote speaker for the Virginia Bar...more

FTC Initiates Monopolization Lawsuit Against Roll-Up Acquisitions in Anesthesiology Markets

On Sept. 21, 2023, the Federal Trade Commission (FTC) brought a lawsuit in the U.S. District Court for the Southern District of Texas against US Anesthesia Partners (USAP), a large healthcare provider platform, and private...more

California Proposes Rules Clarifying Notice and Review Requirements for Health Care Transactions

On July 31, 2023, the California Office of Health Care Affordability (OHCA) issued proposed regulations requiring health care entities to notify OHCA about material transactions at least 90 days prior to closing. McGuireWoods...more

Private Equity in Healthcare – An Updated Review of Selected Niche Investment Areas

Since mid-2022, the macro acquisition environment has faced the challenges of inflation and increasing interest rates, among a variety of other headwinds. Global deal flow is down from its 2021 peak. Yet, as this white paper...more

FTC and DOJ Release Draft Updates to Horizontal and Vertical Merger Guidelines

On July 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released draft updates to their merger guidelines that reflect considerable shifts in how the DOJ and FTC review horizontal and...more

Federal Trade Commission and Department of Justice Propose Overhaul of HSR Form

On June 27, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that, if adopted, would significantly amend the rules and instructions governing the scope of information that must be submitted in a...more

Minnesota Also Adopts Mandatory Reporting of Healthcare Transactions; Illinois Poised to Follow

On May 26, 2023, Minnesota Gov. Tim Walz signed legislation requiring pre-close notification for qualifying healthcare transactions, making Minnesota the latest in a rapidly growing number of states with such requirements....more

New York to Implement Mandatory Reporting of Health Care Transactions

As 2023 legislative sessions wind down, many states are considering bills that would require pre-close review or approval of healthcare transactions by a state agency or attorney general’s office, including one that passed...more

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

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

FTC Announces 2023 Hart-Scott-Rodino Premerger Filing Thresholds

On Jan. 23, 2023, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act). Under the HSR Act, parties to mergers clearing certain thresholds generally must...more

Federal Trade Commission Proposes to Bar Almost All Non-Compete Agreements in Contracts With Workers

On Jan. 5, 2023, the Federal Trade Commission proposed a new rule that would ban non-compete agreements between employers and workers in most circumstances and require employers to rescind any existing non-compete agreements...more

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