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Goodwin

Antitrust & Competition Healthcare Quarterly Update Q2 2024

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In the second quarter, federal and state antitrust enforcers continued their intense scrutiny of consolidation in the healthcare market by implementing new initiatives and laws designed to gather additional information...more

Venable LLP

Event in Review: Antitrust in Healthcare: The Good, the Bad, and the Ugly

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Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more

Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

Goodwin on

In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Stoel Rives - Health Law Insider®

Antitrust Scrutiny of Health Care Markets Ready to Escalate – Are You Ready?

The Antitrust Division of the U.S. Department of Justice has intensified its scrutiny of health care markets by establishing a dedicated task force: the Task Force on Health Care Monopolies and Collusion....more

Seyfarth Shaw LLP

FTC and DOJ Seek Public Help Identifying “Serial Acquisition Strategy” Targets

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The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) announced on Thursday, May 23, that they are expanding their search for businesses using “roll up” strategies to consolidate...more

Epstein Becker & Green

FTC Requests Substantial Increase to FY 2025 Budget

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The fiscal year (FY) 2025 budget proposed by the Federal Trade Commission (FTC) seeks a 20 percent increase from its FY 2024 budget and an additional 55 employees to help support its mission....more

Epstein Becker & Green

DOJ’s Antitrust Division Launches New Task Force to Target Health Care Monopolies and Collusion

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On May 9, 2024, the U.S. Department of Justice’s Antitrust Division (“DOJ”) announced a new task force to address “pressing antitrust problems in health care markets.” This new initiative, named the Task Force on Health Care...more

Manatt, Phelps & Phillips, LLP

[Webinar] Preparing for the Future of Health Care Antitrust Scrutiny - June 11th, 12:00 pm - 1:00 pm PST

Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more

Ballard Spahr LLP

New DOJ Task Force Will Scrutinize Health Care Industry for Antitrust Issues

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A new federal antitrust task force will focus on investigations in health care markets, and, where warranted, civil and criminal enforcement, the Department of Justice announced....more

Stevens & Lee

Health Care Antitrust Update Part II: Recent Federal and State Enforcement Initiatives and Litigation Involving the FTC’s...

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Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In Part I of this two-part update, we discussed recent lawsuits involving private equity...more

Epstein Becker & Green

Podcast: Key Changes in Finalized Antitrust Merger Guidelines – Diagnosing Health Care

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After nearly two years of combined efforts from the Federal Trade Commission and the Antitrust Division of the Department of Justice, the agencies jointly issued much-anticipated merger guidelines identifying the procedures...more

Goodwin

Antitrust & Competition Healthcare Year in Review 2023

Goodwin on

2023 saw a significant uptick in antitrust scrutiny and enforcement, particularly in the healthcare space. After much rhetoric and a setback in challenging state Certificate of Public Advantage (COPA) laws, the Federal Trade...more

Holland & Knight LLP

Antitrust Enforcers Reaffirm Focus on Private Equity in Healthcare at Public Workshop

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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

Husch Blackwell LLP

Healthcare Industry Faces Heightened Antitrust Scrutiny Under New Merger Guidelines, HSR Rules

Husch Blackwell LLP on

Consistent with the Biden Administration’s whole-of-government approach to address perceived consolidation in a variety of industries, including in the healthcare industry, the Federal Trade Commission (FTC) and U.S....more

Manatt, Phelps & Phillips, LLP

[Webinar] A Shifting Approach to Health Care Antitrust: A New Lens for Viewing Transactions & Competition - March 22nd, 1:00 pm -...

Since President Biden’s Executive Order in 2021 setting priorities for enforcing antitrust law, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have taken bold action to transform the...more

McDermott Will & Emery

DOJ Signals Heightened Scrutiny on Information Exchanges and Competitor Collaborations

McDermott Will & Emery on

On February 3, 2023, the US Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of three policy statements related to antitrust enforcement in healthcare. Although the withdrawn statements focus on...more

Lathrop GPM

A New Vacuum in Antitrust? DOJ Withdraws Longstanding Health Care Enforcement Statements

Lathrop GPM on

With little warning the Antitrust Division of the U.S. Department of Justice announced on February 3 the withdrawal of three critical pieces of guidance for the health care industry...more

WilmerHale

To Share or Not to Share: DOJ Withdraws Information Sharing Guidance

WilmerHale on

The Department of Justice (DOJ) Antitrust Division recently withdrew three sets of policy statements regarding the US antitrust agencies’ enforcement approach to conduct in the healthcare industry that may have broader...more

Morgan Lewis

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

Morgan Lewis on

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

Holland & Knight LLP

Another One Bites the Dust: DOJ Pulls 3 Policy Statements, Leaving Trade Associations Guessing

Holland & Knight LLP on

During the course of the Biden Administration, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have demonstrated an invigorated and sustained policy interest in increasing competition across various...more

Wilson Sonsini Goodrich & Rosati

DOJ Withdraws Support for Healthcare Policy Statements and Increases Information Exchange Scrutiny

On February 2, 2023, Doha Mekki, Principal Deputy Attorney General (DAAG) for the U.S. Department of Justice (DOJ) Antitrust Division, announced the agency’s withdrawal of three enforcement policy statements related to...more

Epstein Becker & Green

DOJ Withdraws Long-Standing Health Care Antitrust Enforcement Policy Statements

In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements that have served for years as mainstays of health care...more

Robinson+Cole Health Law Diagnosis

Timing is Everything:  The Antitrust Division and OIG Sign Cross-Agency Agreement as Government Investigations Are Expected to...

On December 9, 2022, the U.S. Department of Justice, Antitrust Division and the U.S. Department of Health and Human Services, Office of the Inspector General (OIG) (collectively, the Agencies) formalized their long-standing...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q3 2022

Goodwin on

Summary - ..The FTC and DOJ suffered twin setbacks in the healthcare space. In both UnitedHealth/Change and Illumina/Grail, the agencies’ reliance on more novel theories of harm failed to convince skeptical judges. ...more

Morgan Lewis - Health Law Scan

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

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