In prepared remarks for the Competitive Enterprise Institute’s Annual Summit delivered on May 31, 2024, Melissa Holyoak, a newly appointed Commissioner of the Federal Trade Commission (“FTC” or “Commission”), acknowledged the...more
On March 5, 2024, the Federal Trade Commission, the U.S. Department of Justice, and the U.S. Department of Health and Human Services (the “agencies”) issued a joint Request for Information on Consolidation in Health Care...more
The fiscal year (FY) 2025 budget proposed by the Federal Trade Commission (FTC) seeks a 20 percent increase from its FY 2024 budget and an additional 55 employees to help support its mission....more
The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and U.S. Department of Health and Human Services recently launched a new online portal that allows the public to report potential anticompetitive practices...more
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
On January 22, 2024, the Federal Trade Commission (FTC) approved revised thresholds and filing fees under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR)....more
On December 18, 2023, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued a significantly revised version of the Merger Guidelines that describes the frameworks the enforcement agencies...more
On December 7, 2023, the Biden-Harris administration announced new initiatives it believes will “lower health care and prescription drug costs by promoting competition.”...more
Antitrust concerns about hospital mergers have historically focused on mergers of hospitals that compete for patients in the same local market....more
The Federal Trade Commission’s (FTC’s) Bureau of Competition (the “Bureau”) recently issued a statement identifying concerns with commonly used contractual provisions....more
On July 14, 2023, signaling a continuing shift in its position on antitrust issues, the Federal Trade Commission (FTC) followed the U.S. Department of Justice (DOJ) and withdrew the Statements of Antitrust Enforcement Policy...more
In two recently issued statements, the Federal Trade Commission (FTC) reiterated its long-held view that states are not in a position to effectively displace competition with regulatory oversight....more
On June 2, 2023, the Federal Trade Commission (FTC) announced that it finalized a consent order with Anchor Glass Container Corp. (“Anchor Glass”)....more
Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice, kicked off the second annual Spring Enforcers Summit in Washington, DC, on March 27, 2023....more
In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements (collectively, the “Statements”) that have served for...more
In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements that have served for years as mainstays of health care...more
The Deputy Assistant Attorney General of the Antitrust Division of the U.S. Department of Justice (DOJ), Andrew Forman, recently spoke to the American Bar Association’s Mergers and Acquisitions Committee at the Business Law...more
The Federal Trade Commission (FTC) is authorized, pursuant to section 5 of the Federal Trade Commission Act (the “Act”), to address “unfair methods of competition.”...more
On September 30, 2022, the Federal Trade Commission (FTC) obtained civil monetary penalties in the amount of $263,000 from San Juan IPA, Inc. (“San Juan”), an independent physician association operating in northwestern New...more
On September 20, 2022, the Chair of the Federal Trade Commission (FTC) testified before the U.S. Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy, and Consumer Rights on “Oversight of the Enforcement...more
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
The U.S. Department of Justice (DOJ) recently recognized the first anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (EO) and “celebrated the Antitrust Division’s most...more
Both the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) have authority to enforce Section 7 of the Clayton Act by investigating and challenging mergers where the effect of such...more
We’re beginning to see how mergers and acquisitions in the hospital industry are being impacted by President Biden’s executive order promoting competition in the American economy. The Federal Trade Commission recently...more
On July 9, 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy (the “EO”). The EO casts a wide net, encompassing many industries, including health care....more