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Hospital Mergers Federal Trade Commission (FTC)

King & Spalding

Fourth Circuit Grants Emergency Injunction of Sale of Two North Carolina Hospitals, Deal Collapses

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On June 18, 2024, the Fourth Circuit issued a 2-1 decision granting the FTC’s request to block the sale of two hospitals in Charlotte, North Carolina. Earlier this month, a federal court in the Western District of North...more

Stevens & Lee

Novant Health Abandons Proposed Purchase Following Fourth Circuit’s Issuance of Injunction

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We have been reporting on the Federal Trade Commission’s continuing effort to block Novant Health’s purchase of Lake Norman Regional Medical Center and Davis Regional Psychiatric Hospital from Community Health Systems. Last...more

Axinn, Veltrop & Harkrider LLP

Hospital Deal Collapses When Fourth Circuit Agrees to Injunction Pending Review of FTC Loss — Key Issue Left Unresolved

The FTC lost its challenge to Novant's acquisition of two hospitals owned by Community Health Systems ("CHS") but obtained an injunction pending appeal. Soon after learning the injunction was granted, Novant dropped the...more

Stevens & Lee

District Court Denies Most Recent FTC Attempt to Stop Novant/CHS Transaction

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We reported last week on the U.S. District Court’s denial of an FTC request for a preliminary injunction to block Novant Health’s “Novant) purchase of Lake Norman Regional Medical Center (LNR) and Davis Regional Psychiatric...more

Bass, Berry & Sims PLC

FTC Loses Bid to Block NC Hospital Merger between Novant and CHS

Bass, Berry & Sims PLC on

On Wednesday, June 5 a federal district judge denied the Federal Trade Commission’s (FTC) request for an injunction to prevent Novant Health from acquiring two hospitals from Community Health Systems (CHS) in a $320 million...more

Mintz - Antitrust Viewpoints

Judge Denies FTC’s Request to Enjoin Sale of Two Hospitals in North Carolina

Last week, a federal judge in North Carolina declined to preliminarily enjoin Novant Health, Inc.’s (“Novant”) acquisition of two hospitals from Community Health Systems, Inc. (“CHS”). The FTC filed suit in federal court and...more

McDermott Will & Emery

Court Denies FTC Bid to Halt Novant-CHS Deal

McDermott Will & Emery on

On June 5, 2024, the US District Court for the Western District of North Carolina denied the Federal Trade Commission’s (FTC) petition to enjoin Novant Health Inc.’s (Novant) acquisition of Community Health Systems Inc.’s...more

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

Arnall Golden Gregory LLP

Healthcare Authority Newsletter - May 2024 #2

News Briefs - Groups Urge Appeals Court to Revive Drug Price Negotiation Suit - Healthcare and drug industry groups urged a U.S. appeals court to revive their challenge to a law requiring manufacturers to negotiate the prices...more

Stevens & Lee

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

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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

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

Mayer Brown

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

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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

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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

Stevens & Lee

FTC/DOJ Merger Guidelines: Assessment of Rebuttal Evidence

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As explained in our prior article discussing the recently- issued Merger Guidelines (“Guidelines”), the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) (the “Agencies”) having described and discussed the...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

Manatt, Phelps & Phillips, LLP

Federal Antitrust Enforcement in Health Care: 2023 Year in Review – Part 1

Editor’s Note: The article below is the first in our three-part series, Federal Antitrust Enforcement in Health Care: 2023 Year in Review.  The series is based on our recent webinar, 2023 Health Care Enforcement Trends:...more

Polsinelli

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

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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

Epstein Becker & Green

Podcast: Antitrust Updates – Changes Affecting Merger Review and Enforcement in 2024 and Beyond – Diagnosing Health Care

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From wholesale revisions of the merger guidelines to significant amendments to the Hart-Scott-Rodino premerger notification forms, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have proposed...more

Sheppard Mullin Richter & Hampton LLP

Hospital Mergers: The Value and Pitfalls

Hospital mergers have been an increasing trend in the healthcare markets over the past decade, with many proponents of these mergers believing that the overall consolidation of hospital services provides better outcomes for...more

Manatt, Phelps & Phillips, LLP

Hospital Acquisitions in Louisiana Avoid FTC Review, for Now

More hospital acquisitions may seek to avoid premerger scrutiny of the Federal Trade Commission (FTC) under the HSR Act (or any antitrust inquiry ever) if a recent federal district court decision holds up and becomes settled...more

Epstein Becker & Green

New Antitrust Theory: Cross-Market Effects

Antitrust concerns about hospital mergers have historically focused on mergers of hospitals that compete for patients in the same local market....more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q2 2023

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Agencies drastically revise Merger Guidelines and HSR process while withdrawing long-established antitrust healthcare guidance - The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ,...more

McDermott Will & Emery

[Webinar] Healthcare M&A and New FTC and DOJ Merger Guidelines: What’s Next for Your Transactions? - August 9th, 12:30 pm - 1:30...

The FTC and DOJ’s proposed revised merger guidelines signal the Biden administration’s continued aggressive antitrust enforcement stance even as healthcare industry participants continue to seek to overcome the effects of...more

Hogan Lovells

FTC joins DOJ in rescinding health care antitrust policies

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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

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