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Competition Mergers Health Care Providers

Fenwick & West LLP

Heart of Healthcare Podcast: FTC Chair Lina Khan on Healthcare, Antitrust, and the Future of Competition

Fenwick & West LLP on

In a recent episode of the Heart of Healthcare podcast, co-hosts Michael T. Esquivel and Halle Tecco, sat down with Federal Trade Commission (FTC) Chair Lina Khan, who offered her perspective on the intersection of antitrust...more

Womble Bond Dickinson

DOJ Announces New Task Force on Health Care Monopolies and Collusion

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On May 9, 2024, the Antitrust Division of the Department of Justice (DOJ) announced a new Task Force on Health Care Monopolies and Collusions (HCMC). Comprised of civil and criminal prosecutors, economists, healthcare...more

Bass, Berry & Sims PLC

New Task Force to Target Healthcare Monopolies and Collusion

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On May 9, the Department of Justice’s (DOJ) Antitrust Division announced the creation of a new task force, the Task Force on Health Care Monopolies and Collusion (HCMC), focusing on antitrust enforcement in the healthcare...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

Stevens & Lee

2024 Brings Increased Scrutiny for Merging Health Care Firms

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On December 18, 2023, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) released the 2023 Merger Guidelines (the “Guidelines”), which are the result of a two-year...more

WilmerHale

Highway to the Danger Zone: DOJ Withdraws Safety Zone Guidance for Healthcare Industry

WilmerHale on

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

McGuireWoods LLP

DOJ Withdraws ‘Out of Date’ Antitrust Enforcement Guidance Relating to Healthcare Providers

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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

Holland & Knight LLP

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

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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

Hogan Lovells

U.S. Department of Justice rescinds longstanding policy governing information exchanges

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On 3 February 2023 the Department of Justice (DOJ) announced that it is withdrawing from certain policy statements related to antitrust enforcement in healthcare. Specifically, DOJ is withdrawing “safe harbors” for...more

Epstein Becker & Green

FTC Maintains Strong Opposition to COPAs

Epstein Becker & Green on

On August 15, 2022, the Federal Trade Commission (FTC) released the FTC Policy Perspectives and Certificates of Public Advantage staff policy paper, along with a fact sheet....more

Bradley Arant Boult Cummings LLP

Is There a Legal Duty to Deal with Competitors? Sixth Circuit Antitrust Opinion Examines ProMedica’s Termination of Rival Hospital...

The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc. addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal...more

Robins Kaplan LLP

[Webinar] Health Care Antitrust Under President Biden 2.0 - Almost One Year In: What Have We Learned About The Democrats’ Approach...

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In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust under...more

Bradley Arant Boult Cummings LLP

Healthcare News: Biden Administration Aims to Strengthen Competition Through Issuance of Sweeping Executive Order

President Biden issued Executive Order 14036 on July 9, 2021, calling for a “whole-of-government approach” to promote competition across many industries, including healthcare. The order establishes a White House Competition...more

McDermott Will & Emery

Special Report - Executive Order Encourages FTC, DOJ to Address Hospital Consolidation, Vigorously Enforce Antitrust Laws

McDermott Will & Emery on

President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several...more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

Goodwin on

On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

Goodwin

Biden Executive Order Targets Competition in Healthcare, Life Sciences to Spur Economic Activity

Goodwin on

On July 9, 2021, President Joe Biden issued an Executive Order (the “Order”) designed to promote competition in the American economy. The Order describes the administration’s concerns with competition in several markets,...more

BCLP

BCLP’s Competition Collective: Antitrust, Foreign Investment and Trade Insights from around the world

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Welcome to this first edition of BCLP’S Competition Collective: Antitrust, Foreign Investment and Trade Insights from around the world. This period was marked by uncertainty – and the harsh realities of the pandemic for many...more

Sheppard Mullin Richter & Hampton LLP

The State of Competition in the U.S. Healthcare Industry

The U.S. healthcare system has been undergoing significant changes since the passage of the Affordable Care Act in 2010, which helped precipitate a wave of hospital and healthcare system consolidation, as providers sought out...more

Bass, Berry & Sims PLC

Antitrust Lessons from the FTC’s Failed Bid to Halt the Jefferson-Einstein Hospital Merger

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On March 1, 2021, the Federal Trade Commission (FTC) abandoned its effort to halt the $599 million merger of two Philadelphia-area hospital systems, Jefferson Health (Jefferson) and Albert Einstein Healthcare Network...more

Mintz - Antitrust Viewpoints

FTC’s Hospital Merger Challenges Hit Speedbump in Philadelphia

The Federal Trade Commission’s (“FTC”) recent winning streak in its ongoing challenges of hospital and physician mergers has, at least for now, ended in a Philadelphia U.S. district court. After six days of evidentiary...more

Sheppard Mullin Richter & Hampton LLP

Merger of Adventist-St. Joseph Rejected by the California Attorney General

On October 31, 2019, the California Department of Justice (“DOJ”) issued a denial letter rejecting a proposed merger between Adventist Health System/West and St. Joseph Health System. The parties had submitted notices to the...more

McDermott Will & Emery

The Latest: Health Care Transactions Will Require Advance Notice to Washington State AG

What Happened: • On May 7, 2019, Governor Jay Inslee of Washington State signed House Bill 1607 into law. The law goes into effect for transactions closing after January 1, 2020, and requires advance notice to the...more

King & Spalding

FTC Wins Sanford Health/Mid Dakota Merger Appeal in Eighth Circuit

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On June 13, 2019, the Eighth Circuit affirmed the district court’s grant of a preliminary injunction blocking the proposed merger of North Dakota healthcare providers Sanford Health, Sanford Bismarck (collectively, “Sanford”)...more

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