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
UNITED STATES -
New Merger Guidelines Deployed -
The 2023 Merger Guidelines are a non-binding statement that provides clarity on aspects of federal agencies’ deliberations and enforcement practices undertaken in...more
5/3/2024
/ Acquisitions ,
Artificial Intelligence ,
Department of Justice (DOJ) ,
Emerging Technologies ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Healthcare ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Private Equity ,
UK ,
Vertical Mergers
UNITED STATES -
Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement -
On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more
10/27/2023
/ Acquisitions ,
Antitrust Division ,
Competition ,
Enforcement ,
EU ,
Federal Trade Commission (FTC) ,
Investigations ,
Merger Agreements ,
Merger Controls ,
Mergers ,
New Guidance ,
UK ,
UK Competition and Markets Authority (CMA)
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
8/2/2023
/ Acquisition Agreements ,
Acquisitions ,
Antitrust Provisions ,
Biden Administration ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Facilities ,
Hospital Mergers ,
Hospitals ,
Merger Agreements ,
Merger Controls ,
Mergers ,
Physicians ,
Webinars
Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) under new proposed Merger Guidelines released on July 19, 2023.
The Proposed...more
7/25/2023
/ Antitrust Division ,
Biden Administration ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Proposed Guidance ,
Supply Chain ,
Vertical Mergers
The Federal Trade Commission and the US Department of Justice Antitrust Division have released their revised Merger Guidelines. Which industries will be most affected? What should companies be doing now to avoid regulatory...more
KOREA WEBINAR SERIES 2021 -
In light of the COVID-19 pandemic, our first Korea Webinar Series will be held as a virtual series, with four sessions taking place between September 8 – September 28, 2021. Though we cannot...more
9/9/2021
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Audits ,
Collusion ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Green Deal ,
Korea ,
Mergers ,
Procurement Collusion Strike Force ,
Public Procurement Policies ,
Risk Mitigation ,
Technology Sector ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021.
This...more
5/12/2021
/ Anti-Money Laundering ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Best Practices ,
Biden Administration ,
Buy America ,
Civil Liability ,
Collusion ,
Comment Period ,
Competition ,
Competition Authorities ,
Compliance ,
Cooperation ,
Criminal Liability ,
Cross-Border Transactions ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Internal Investigations ,
Japan ,
Mergers ,
Procurement Collusion Strike Force ,
Public Comment ,
Public Procurement Policies ,
Risk Mitigation ,
Section 201 ,
Section 232 ,
Section 301 ,
Section 337 ,
US Trade Policies ,
Webinars ,
Whistleblower Protection Policies ,
Whistleblowers
OCTOBER - DECEMBER 2020 UPDATE -
UNITED STATES -
Despite initial obstacles because of the COVID-19 pandemic, 2020 rounded out to be the busiest year for mergers and acquisitions (M&A) enforcement in the United States...more
2/8/2021
/ Acquisitions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Digital Markets Strategy ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Premerger Notifications ,
Proposed Rules ,
UK Competition and Markets Authority (CMA)
The federal antitrust enforcement agencies brought three hospital merger challenges and three criminal antitrust enforcement actions in healthcare in the past year. Combined with the incoming Democratic administration,...more
JULY - SEPTEMBER 2020 UPDATE -
UNITED STATES-
Mergers and acquisitions in the United States appear to be bouncing back after a muted start to the year due to COVID-19. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up...more
10/26/2020
/ Acquisitions ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
EU Merger Directive ,
European Commission ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
UK ,
UK Competition and Markets Authority (CMA)
In the United States, despite requesting additional time to review pending mergers, the US antitrust agencies have continued their work through the COVID-19 pandemic. The Department of Justice (DOJ) and Federal Trade...more
9/3/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Customers ,
Deadlines ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Investigations ,
Mergers ,
Remote Depositions ,
Remote Hearings ,
Settlement Agreements ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT) ,
Videoconference
As the healthcare industry continues to cope with the Coronavirus (COVID-19) and form strategic and short- and long-term plans, providers are faced with numerous decisions that have critical antitrust implications. Whether...more
5/26/2020
/ Acquisitions ,
Antitrust Provisions ,
Antitrust Violations ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Healthcare ,
Joint Venture ,
Mergers ,
Recruitment Policies ,
Strategic Planning ,
Wage and Hour
United States -
The Federal Trade Commission (FTC) and Department of Justice (DOJ) faced new issues this quarter with the unprecedented challenges brought about by the COVID-19 global pandemic. In March, the agencies made...more
In this Special Report, we highlight notable trends in antitrust litigation involving health care providers over the past two and a half years. Our complimentary update identifies the types of cases filed against providers,...more
The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider...more
3/3/2015
/ ACOs ,
Acquisitions ,
Affordable Care Act ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Insurance ,
Health Insurance Exchanges ,
Healthcare ,
Hospitals ,
Mergers
The U.S. Federal Trade Commission (FTC) and Phoebe Putney Health System settled the FTC’s complaint that the health system’s merger with Palmyra Park Hospital violated the antitrust laws. Unique state statutes and...more