News & Analysis as of

Competition Federal Trade Commission (FTC) Healthcare Facilities

Manatt, Phelps & Phillips, LLP

Unhealthy Alliance: Hospitals Sharing Senior Leadership Increases Antitrust Risk

Collusion among rivals has long been considered the “supreme evil of antitrust.” It is not surprising, therefore, that antitrust scrutiny was applied to one hospital’s decision to employ the Chief Executive Officer of its...more

Dickinson Wright

Ramping Up: Antitrust Enforcement in Health Care

Dickinson Wright on

Originally published in Healthcare Michigan, Volume 41, No. 6 - It has been a rapid-fire start to 2024 with antitrust enforcers within the Biden administration ramping up regulatory scrutiny across the U.S.—and health care is...more

Roetzel & Andress

The New FTC Rule Explained: Will Your Non-Compete Be Enforceable?

Roetzel & Andress on

Host Ericka Adler welcomes Roetzel attorney Christina Kuta to the #HealthLawHotSpot this week to discuss the most frequently asked questions from clients about non-competes and the impact of the new FTC rule. Christina...more

Epstein Becker & Green

FTC Requests Substantial Increase to FY 2025 Budget

Epstein Becker & Green on

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

Dickinson Wright

Navigating Noncompetes in Health Care: Understanding the FTC’s Impact

Dickinson Wright on

Dickinson Wright attorney Kim Ruppel recently participated in The Risky Health Care Business Podcast, where she and host Scott Nelson delved into the intricate world of noncompetes and their ramifications for both health care...more

Dentons

FTC Issues in Healthcare

Dentons on

The Federal Trade Commission recently propounded a rule regarding non-competes. This is complicated, as is demonstrated by the extensive FTC comments that are a hundredfold longer than the regulation itself. Of significant...more

Akerman LLP - Health Law Rx

Don't Panic! – A Guide for Healthcare Employers to Understand the Potential Impact of FTC's Non-Compete Ban

On April 23, 2024, the Federal Trade Commission (FTC), through a 3-2 vote, approved a final rule (the Final Rule), banning most forms of non-compete clauses with workers. A non-compete clause generally prevents a worker from...more

Polsinelli

FTC Final Rule Banning Most Non-Competes Passes – What Nonprofits Need to Know

Polsinelli on

On April 23, 2024, the Federal Trade Commission (“FTC”) conducted a special Open Commission Meeting to vote on a Final Rule (the “Rule”) banning most non-compete clauses as an “unfair method of competition.” By a vote of 3-2,...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

Stevens & Lee

FTC, DOJ and HHS Launch Public Inquiry into Transactions Involving Private Equity Firms, Health Systems and Private Payers

Stevens & Lee on

On March 6, the Federal Trade Commission (“FTC”), the Department of Justice’s Antitrust Division (“DOJ”), and the Department of Health and Human Services (“HHS”) (the “Agencies”) announced that they were “launching a...more

Fenwick & West LLP

Navigating Healthcare Antitrust in the Biden Era

Fenwick & West LLP on

It’s no secret that Democrats are traditionally trustbusters, but the Biden Administration is taking things to a whole new level, bringing novel—and arguably weak—cases that nonetheless slow or block tie-ups among healthcare...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

Holland & Knight LLP on

The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...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

Goodwin

Recent FTC Enforcement Action Signifies Increased Scrutiny of Private Equity Acquisitions and Imposition of More Onerous...

Goodwin on

On June 13, 2022, the Federal Trade Commission (“FTC” or “the Commission”) announced a consent agreement resolving concerns with a private equity acquisition, incorporating novel prior notice and approval requirements...more

Foley & Lardner LLP

FTC Advisory Opinion Says Hospital’s Proposed Prescription Program for Affiliated Entity Employees is Exempt from Robinson-Patman...

Foley & Lardner LLP on

On November 7, 2017, the Federal Trade Commission (FTC) released an advisory opinion confirming that a non-profit hospital in New York may sell discounted prescription drugs to the employees of an affiliated medical practice...more

Bradley Arant Boult Cummings LLP

FTC and DOJ Take Aim at State Certificate of Need Laws

Earlier this year, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) released their formal recommendation that South Carolina repeal its certificate of need (CON) law regulating...more

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