News & Analysis as of

Healthcare Department of Justice (DOJ) Hospital Mergers

Manatt, Phelps & Phillips, LLP

Preparing for the Future of Health Care Antitrust Scrutiny

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

Stevens & Lee

Health Care Antitrust Update Part I: Key Developments in Antitrust Litigation Involving Health Care Acquisitions and Mergers

Stevens & Lee on

Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In the litigation context, this has involved, in addition to new lawsuits filed by the...more

Mayer Brown

Private Equity in Healthcare: Increased Scrutiny from FTC, DOJ, and HHS

Mayer Brown on

Private equity acquisitions in healthcare will likely face increased scrutiny from multiple federal departments, as well as from state antitrust enforcement officials....more

Ballard Spahr LLP

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

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Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more

Troutman Pepper

FTC Workshop Argues That Private Equity Incentives Are Not Aligned With Quality Health Care

Troutman Pepper on

On March 5, the Federal Trade Commission (FTC) hosted a public workshop titled “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care.” The event is part of the agency’s effort to publicize and...more

Akerman LLP - Health Law Rx

New Safe Harbor and General Compliance Program Guidance Provides Opportunity for Buyers to Mitigate Litigation and Fraud Risk

By maintaining a robust compliance program, healthcare companies are better able to identify potential red flags early and to prevent violations of fraud and abuse laws. A failure to maintain an effective compliance program...more

Polsinelli

Newly Finalized FTC/DOJ Merger Guidelines Are Likely to Increase Antitrust Scrutiny of M&A Deals - Health Care and Private Equity...

Polsinelli on

Earlier this week, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) released the long-awaited 2023 Merger Guidelines. The final guidelines are the result of nearly two years of behind-the-scenes...more

Hogan Lovells

FTC joins DOJ in rescinding health care antitrust policies

Hogan Lovells on

On July 14, 2023 the Federal Trade Commission (FTC) announced that it is withdrawing two antitrust policy statements related to antitrust enforcement in health care markets (the policy statements). Specifically, the FTC is...more

Polsinelli

No More Safety Net: The Justice Department Withdraws Key Antitrust Guidance for the Healthcare Industry

Polsinelli on

The most recent effort by the Biden Administration to “modernize” antitrust policy and enforcement involves withdrawing decades of guidance for the health care industry. On February 2, 2023, the U.S. Department of Justice...more

Stinson LLP

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

Stinson LLP on

On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as...more

Akerman LLP - Health Law Rx

U.S. Department of Justice Withdraws Longstanding Healthcare Antitrust Policy Statements, Causing Uncertainty

It has already been a busy 2023 for the U.S. antitrust enforcement agencies.  Right on the heels of the Federal Trade Commission’s announcement of a proposed rule that potentially would ban non-compete agreements nationally,...more

Polsinelli

Antitrust Enforcers’ "Second Listening" Forum On Merger Reform Highlights Issues In The Healthcare Industry

Polsinelli on

In March of this year the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more

Ruder Ware

DOJ Focuses Antitrust Enforcement on Health Care Industry

Ruder Ware on

As health care attorneys we are often called upon to consider the antitrust implications in a variety of contracts and transactions. For example, the establishment of clinically integrated health care networks requires...more

Mintz - Health Care Viewpoints

The California Attorney General and Sutter Health Face Off in an Antitrust Lawsuit

On March 29, 2018, the Attorney General of California filed an antitrust action against Sutter Health and its affiliates (“Sutter”) alleging Sutter engaged in various anticompetitive conduct in violation of California’s...more

Polsinelli

Can Mergers Between Healthcare Providers in Different Markets Raise Antitrust Concerns? "Yes," Say Top Enforcers at FTC and DOJ

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In reviewing mergers of healthcare providers, government antitrust enforcers have historically focused on horizontal mergers between competing providers—in particular, those that result in high market shares in a specific...more

King & Spalding

Massachusetts Judge Rejects Partners’ Hospital Deal

King & Spalding on

On January 29, 2015, Suffolk Superior Court Judge Janet L. Sanders rejected a settlement between Partners Healthcare System (“Partners”) and then Massachusetts Attorney General Martha Coakley that would have allowed Partners...more

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