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Private equity investment in health care remains in U.S. antitrust enforcers’ crosshairs

Private equity investment in the health care sector continues to be a significant area of focus for the U.S. antitrust agencies. On March 5, 2024, the Federal Trade Commission (FTC) hosted a public workshop to “examine the...more

The European Commission report on competition enforcement in the pharmaceutical sector

On 26 January 2024, the European Commission published a report on competition enforcement in the pharmaceutical sector, highlighting the role of EU competition law in safeguarding market participants and consumers,...more

FTC and DOJ finalize new merger guidelines articulating expansive theories of enforcement

On December 18, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the Agencies”) released the 2023 Merger Guidelines (the Merger Guidelines). The substance of the new guidelines does not stray...more

Antitrust Enforcement in the Health Care Sector to remain a key focus in the Biden Administration

On December 7, 2023, the White House announced a series of initiatives to “lower health care and prescription drug costs by promoting competition.” Citing increasing concentration in the health care industry among payers,...more

FTC and DOJ officials offer additional commentary on draft merger guidelines

On September 5, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (the Agencies) hosted the first of three planned workshops intended to “facilitate public dialogue” on the 2023 FTC and DOJ Draft Merger...more

Two years later: A survey of President Biden’s Executive Order on promoting competition in the American economy

It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more

FTC and DOJ publish long-awaited draft of proposed merger guidelines

On July 19, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the agencies”) released their 2023 Draft Merger Guidelines (the “2023 draft guidelines” or the “revised guidelines”). The publication of...more

FTC and DOJ outline potential changes to agencies’ review of pharmaceutical mergers

On June 1, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) released a summary of a workshop jointly held by the agencies in June 2022 titled “Future of...more

FTC expands its powers to investigate proposed mergers and potentially unlawful collusive conduct

On 26 August 2022 the Federal Trade Commission (FTC) continued its recent trend of expanding its ability to initiate new investigations, announcing that it approved omnibus resolutions that will allow the agency to...more

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