On December 23, 2020, the U.S. Senate unanimously passed the Competitive Health Insurance Reform Act of 2020, which includes a provision that would repeal the limited federal antitrust immunity currently granted to certain...more
On December 8, 2020, a federal court in Pennsylvania rejected a challenge by the Federal Trade Commission (FTC) and the State of Pennsylvania to block a $599 million merger of two hospital and healthcare systems in...more
On Monday, September 21, 2020, the Federal Trade Commission, with the support of the Department of Justice’s Antitrust Division, proposed changes to the rules governing merger notification under the Hart-Scott-Rodino Act of...more
On Thursday, September 3, 2020, the Department of Justice’s Antitrust Division issued a revised Merger Remedies Manual (the “Manual”), which outlines the agency’s policies regarding merger remedies in transactions that raise...more
On Tuesday, June 30, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new Vertical Merger Guidelines (the “Guidelines”). Vertical mergers involve the combination of firms operating at...more
On Thursday, April 30, 2020, Florida Cancer Specialists & Research Institute LLC (“FCS”), the largest independent medical oncology/hematology practice in the U.S., agreed to pay a $100 million fine to resolve a criminal...more
On March 24, 2020, the Antitrust Division of the U.S. Department of Justice and the U.S. Federal Trade Commission (the Agencies) issued guidance and outlined an expedited review process for companies seeking to work together...more
Like other regulatory agencies and businesses, antitrust authorities around the globe are taking steps to address the impact that the COVID-19 pandemic is having on their operations and the global economy. In particular,...more
On Friday, March 13, 2020 the Federal Trade Commission and the Department of Justice Antitrust Division announced plans to implement temporary new procedures for the submission of Hart-Scott-Rodino pre-merger notification...more
On Friday, January 10, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new guidelines for the agencies’ review of vertical mergers. Vertical mergers involve the combination of firms...more
1/22/2020
/ Anti-Competitive ,
Antitrust Division ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
New Guidance ,
Public Comment ,
Supply Chain ,
Vertical Mergers
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
6/18/2019
/ Administrative Hearings ,
Antitrust Division ,
Appeals ,
Competition ,
Department of Justice (DOJ) ,
Evidence ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Hospital Mergers ,
Hospitals ,
Mergers ,
Monopolization ,
Preliminary Injunctions ,
Rebuttal
Premier Health Partners (Premier), a major hospital network in Dayton, Ohio, has won dismissal of an antitrust suit originally filed by a rival hospital. A physician-owned, for-profit hospital filed suit in 2012, alleging...more
On February 15, 2019, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more
The new House Democratic majority sworn in last Thursday intends to ramp up antitrust oversight, pledging to “crack down on corporate monopolies and the abuse of economic and political power” as part of their “Better Deal”...more
On December 12, 2018, the U.S. Court of Appeals for the Eleventh Circuit issued a short order denying Blue Cross and Blue Shields’ (the Blues) interlocutory appeal of U.S. District Judge R. David Proctor’s ruling that certain...more
The Department of Health and Human Services (the “Department”), in conjunction with the Treasury Department, the Federal Trade Commission, and the Department of Labor, recently issued a report describing a number of concerns...more
The Premerger Notification Office (“PNO”) of the Federal Trade Commission recently announced it would change how it and the Department of Justice evaluate transactions that involve the combination of one or more...more
On April 5, 2018, a Federal court held that Blue Cross health insurance plans’ “aggregation of a market allocation scheme” will be analyzed under the per se standard of antitrust review, which treats categories of restraints...more
On January 26, 2018, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more
On December 13, 2017, a federal district court issued an order preliminarily enjoining the merger of North Dakota healthcare providers, Sanford Health, Sanford Bismarck, (Sanford) and Mid Dakota Clinic, P.C. (MDC). The order...more
On Wednesday, December 13, 2017, a federal district court issued an order preliminarily enjoining the merger of North Dakota healthcare providers, Sanford Health, Sanford Bismarck, (together “Sanford”) and Mid Dakota Clinic,...more
On Thursday, June 22, 2017, the Federal Trade Commission (“FTC”) and the North Dakota Attorney General filed a complaint challenging the merger of North Dakota providers, Sanford Health, Sanford Bismarck (together “Sanford”),...more
On February 14, 2017, Cigna Corp. (Cigna) announced it would drop its $54 billion merger with Anthem, Inc. (Anthem) and filed an action against Anthem in the Delaware Chancery Court for a declaratory judgment that Cigna had...more
On February 8, 2017, the United States District Court for the District of Columbia granted the Department of Justice, Antitrust Division’s (the “DOJ”) request for an injunction blocking Anthem’s proposed $54 billion...more
On January 19, 2017, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more