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Hart-Scott-Rodino Act › Private Equity

The Hart-Scott Rodino Antitrust Improvements Act is a United States federal statute enacted in 1976 establishing the federal premerger notification program. Under the Act, parties contemplating mergers or... more +
The Hart-Scott Rodino Antitrust Improvements Act is a United States federal statute enacted in 1976 establishing the federal premerger notification program. Under the Act, parties contemplating mergers or acquisitions must notify the Department of Justice and the Federal Trade Commission prior to completing the transaction. Once notified, the DOJ and FTC investigate and make a determination as to whether the proposed transaction will adversely impact U.S. commerce and competition within the market. less -
Lowenstein Sandler LLP

What the New HSR Filing Requirements Mean for Your Future Reportable Deals

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On October 10, 2024, the Federal Trade Commission (FTC) released the final revised rules governing premerger notification filings under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act. The new HSR filing requirements...more

Skadden, Arps, Slate, Meagher & Flom LLP

Final HSR Rules: Major Changes Ahead for Premerger Filings

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On October 10, 2024, the Federal Trade Commission (FTC) unanimously approved sweeping changes to the premerger filings required under the Hart-Scott-Rodino (HSR) Act. While the final rules differ significantly from the...more

Holland & Knight LLP

5 Key Antitrust Takeaways from Holland & Knight's Panel at Nashville Healthcare Sessions 2024

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2024 has been an eventful year for federal and state antitrust enforcement in healthcare with many in the industry wondering where do we go from here in 2025. Holland & Knight sponsored a breakout panel discussion at the...more

Axinn, Veltrop & Harkrider LLP

FTC Finalizes Long-Awaited HSR Overhaul

Axinn, Veltrop & Harkrider LLP on

The long-awaited new HSR rules and Form have been released. They go into effect in approximately 90 days (mid-January), unless blocked by a federal judge. Companies engaging in M&A now face increased burdens compared to the...more

Morrison & Foerster LLP

FTC Adopts Final HSR Rules, Substantially Expanding M&A Filing Requirements for Parties

Morrison & Foerster LLP on

On October 10, 2024, the U.S. Federal Trade Commission (“FTC”) voted 5-0 to adopt new Hart-Scott-Rodino (“HSR”) rules, which will substantially expand filing requirements for parties when the new rules go into effect. The...more

Akerman LLP

Intentions Matter: Acquiring Large Amounts of Voting Securities Can Trigger an HSR Filing Obligation

Akerman LLP on

Key Takeaways - The method of acquisition of voting securities does not matter for HSR purposes. The civil penalties for individuals or companies that miss HSR filing obligations can be significant....more

Fenwick & West LLP

New Regulatory Challenges for Private Equity and Hedge Fund Healthcare Transactions: Understanding the Impact of California’s AB...

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California’s healthcare ecosystem may soon experience significant regulatory changes as Assembly Bill 3129 (AB 3129) heads to Gov. Gavin Newsom's desk for approval....more

Husch Blackwell LLP

California Private Equity in Healthcare Legislation

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On August 31, the last day of its 2024 Legislative Session, the California Legislature approved Assembly Bill 3129 (Wood), which provides for notification to and review by the Attorney General of health care transactions...more

Holland & Knight LLP

California Ends the Legislative Session with Expanded Reporting Requirements, Less Clarity

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Amendments made by the California Office of Health Care Affordability (OHCA) to its cost and market impact review (CMIR) regulations became effective on Aug. 22, 2024, and serve to expand the scope of the Health Care Quality...more

Sheppard Mullin Richter & Hampton LLP

Election 2024 Coverage: Examining the Future of Healthcare and Antitrust

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Leading up to the U.S. presidential election this November, our Antitrust & Competition team will offer thoughts and insights into what antitrust enforcement will look like under the next presidential administration. While...more

Morgan Lewis

Growing Number of US States Target Private Equity Transactions in Healthcare

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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

Bass, Berry & Sims PLC

Healthcare Private Equity: What to Expect for the Rest of 2024

Bass, Berry & Sims PLC on

Although the U.S. healthcare industry has weathered the storm over the past couple of years, we may be reaching calmer waters in the coming months. Dry powder held by U.S. private equity investors has reached an all-time...more

Proskauer Rose LLP

FTC Focus: Private Equity Investments In Healthcare

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U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare. On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more

A&O Shearman

Antitrust focus on private equity funds and serial acquisitions

A&O Shearman on

Until relatively recently, private equity buyers were viewed as largely benign. Where antitrust regulators expressed concerns with private equity buyers, it was generally in the context of them being viewed as sub-optimal...more

Husch Blackwell LLP

Healthcare Founders Face New Exit Considerations

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Exiting a business, whether you are a serial entrepreneur looking to move on to the next project or a healthcare provider like a physician or therapist who has nurtured your practice for decades, can be difficult. After all,...more

Vedder Price

Health Care Transactions Facing Increased Federal and State Regulatory Scrutiny

Vedder Price on

Private equity investments in health care to be subject to increased oversight from federal and state regulators, including antitrust officials - Federal and state governmental regulation of health care transactions...more

Holland & Knight LLP

Recent Ruling Shows Healthcare Private Equity Firms a Path Through the New Antitrust Era

Holland & Knight LLP on

Private equity sponsors can exhale: A federal court recently stopped the Federal Trade Commission's (FTC) antitrust action that targeted private equity sponsor Welsh, Carson, Anderson & Stowe for the healthcare "roll-up"...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC-DOJ Inquiry on Serial Acquisitions: Cracking Down on PE Roll-Ups?

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On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify...more

Stinson LLP

DOJ and FTC’s Aggressive Antitrust Enforcement Agenda Set to Continue

Stinson LLP on

There are five crucial areas of focus that will impact mergers, acquisitions and corporate governance going forward: New Hart Scott Rodino (HSR) rules are expected in weeks, not months....more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

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The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part I

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The American Bar Association Antitrust Law Section’s annual Spring Meeting is underway in Washington, DC. The annual Spring Meeting features updates from federal, state and international antitrust enforcers and extensive...more

Foley & Lardner LLP

Private Equity: Proposed Health Over Wealth Act -What This Means for You

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On April 3, 2024, Senators Edward Markey (D-Mass.) and Elizabeth Warren (D-Mass.), chaired a Senate Health, Education, Labor, and Pensions (HELP) Subcommittee on Primary Health and Retirement Security field hearing titled,...more

Benesch

Indiana New Law Requires Written Notice of Mergers or Acquisitions of Healthcare Entities

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On March 13, 2024, Indiana Governor Eric Holcomb enacted Senate Enrolled Act No. 9  (“Indiana Law”) into law, mandating that Indiana healthcare entities and private equity firms notify the Office of the Indiana Attorney...more

King & Spalding

FTC and DOJ Increase Scrutiny of Private Equity’s Role in Healthcare

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On March 5, 2024, the Federal Trade Commission (FTC) hosted a virtual workshop titled “Private Capital, Public Impact: an FTC Workshop on Private Equity in Healthcare” (the Workshop). The agenda, together with a recording of...more

McGuireWoods LLP

Indiana Becomes Latest State to Enact Mandatory Reporting of Healthcare Transactions

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On March 13, 2024, Indiana Gov. Eric Holcomb signed into law Senate Bill No. 9, which requires Indiana healthcare entities and private equity firms to notify the Office of the Indiana Attorney General of qualifying...more

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