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Growing Number of US States Target Private Equity Transactions in Healthcare

Driven by a growing wave of enforcer skepticism toward further healthcare consolidation, some state legislatures have begun to propose “mini-HSR” laws explicitly targeting healthcare transactions involving private equity...more

New US Merger Guidelines Signal Continued Aggressive Merger Enforcement at DOJ, FTC

The US Department of Justice (DOJ) and Federal Trade Commission (FTC) released new Merger Guidelines on December 18, 2023—dramatically expanding the number and type of transactions that the agencies will consider...more

District Court: Hospital Merger Is Exempt from HSR Filing Under State Action Doctrine

A US district court judge, in a case of first impression, recently held that Louisiana Children’s Medical Center’s acquisition of three New Orleans–area hospitals from HCA Healthcare, Inc. was exempt from both the federal...more

DOJ’s Rescission of Longstanding Guidance Creates Uncertainty for Market Benchmarking Activities

The US Department of Justice (DOJ) Antitrust Division is withdrawing three enforcement policy statements that provided important guidance on the exchange of competitively sensitive information through third parties. The...more

Antitrust Enforcers Rachet Up Scrutiny of Private Equity and Labor Issues in Healthcare – Health Law Scan

Federal antitrust enforcers at the US Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to take an aggressive stance in healthcare. Two recent developments underscore the trend....more

FTC Votes to Rescind Vertical Merger Guidelines, No Replacement Announced

The US Federal Trade Commission (FTC) recently voted to withdraw its approval of the Vertical Merger Guidelines (the 2020 VMGs), which, as we covered in the past, the FTC and Department of Justice (DOJ) issued over a year ago...more

Florida Oncology Group Pays $100M Fine, Enters into DPA with DOJ Antitrust Over Alleged Market Allocation Agreement

The Antitrust Division of the US Department of Justice (DOJ) entered into a deferred prosecution agreement (DPA) with Florida Cancer Specialists & Research Institute LLC (FCS), a leading oncology provider in Southwest...more

DOJ Issues Business Review Letter Greenlighting Expansion of Group Purchasing Arrangement to Cover Optometry Products

The US Department of Justice (DOJ) Antitrust Division issued a Business Review Letter (BRL) on January 15 in response to a proposal by the American Optometric Association (AOA) and AOAExcel GPO, LLC to expand their group...more

DOJ Confirms Active ‘No-Poaching’ Criminal Investigations in Healthcare and Other Industries

A series of recent statements highlight the continuing enforcement by the US Department of Justice to focus on “no-poaching” and wage-fixing agreements with more enforcement actions expected to be announced in the near...more

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