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Acquisitions Antitrust Division

Goodwin

Antitrust & Competition Healthcare Quarterly Update Q2 2024

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In the second quarter, federal and state antitrust enforcers continued their intense scrutiny of consolidation in the healthcare market by implementing new initiatives and laws designed to gather additional information...more

Venable LLP

Event in Review: Antitrust in Healthcare: The Good, the Bad, and the Ugly

Venable LLP on

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Under Biden: Taking a Closer Look at the Numbers

Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. As we look...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Blocked From Reviewing Below-Threshold Mergers

On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more

White & Case LLP

EU top court delivers a blow to the European Commission’s approach on Article 22 below-threshold referrals

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The Court of Justice of the EU (the Court) has overturned the General Court’s judgment in Illumina/Grail, effectively putting an end to the EC’s revised Article 22 policy approach for below-threshold mergers. Under this...more

ArentFox Schiff

DOJ, FTC, DOL, and NLRB Join Forces and Announce Memorandum of Understanding on Labor Issues in Merger Investigations

ArentFox Schiff on

On August 28, the US Department of Justice (DOJ) Antitrust Division, which enforces the US antitrust laws including the Sherman Act and Clayton Act, and the Federal Trade Commission (FTC), which enforces the Federal Trade...more

A&O Shearman

U.S. DOJ Seeks Rare USD3.5 million “Gun Jumping” Penalty For Alleged Pre-Closing Conduct In Violation Of Hart-Scott-Rodino Act

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On August 5, 2024, the United States Department of Justice filed a rare gun jumping civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against a global sports and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Navigating Inbound M&A in India: An Overview

The inbound M&A landscape in India has been experiencing a significant surge of global interest over the past couple of years. While M&A activity globally has cooled, India has emerged as a destination of choice for companies...more

A&O Shearman

U.S. DOJ seeks rare $3.5 million “gun jumping” penalty against Legends Hospitality for pre-closing conduct in connection with its...

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On August 5, 2024, the United States Department of Justice (“DOJ”) filed a rare[1] gun jumping[2] civil lawsuit and proposed settlement in the United States District Court for the Southern District of New York against Legends...more

McDermott Will & Emery

Antitrust M&A Snapshot | Q2 2024

McDermott Will & Emery on

UNITED STATES - - Agencies Revisiting Consummated Mergers - What’s old is new again, as agencies are increasingly scrutinizing consummated mergers from years past. In May 2024, the US Department of Justice (DOJ), Antitrust...more

A&O Shearman

Antitrust focus on private equity funds and serial acquisitions

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Until relatively recently, private equity buyers were viewed as largely benign. Where antitrust regulators expressed concerns with private equity buyers, it was generally in the context of them being viewed as sub-optimal...more

Dickinson Wright

Ramping Up: Antitrust Enforcement in Health Care

Dickinson Wright on

Originally published in Healthcare Michigan, Volume 41, No. 6 - It has been a rapid-fire start to 2024 with antitrust enforcers within the Biden administration ramping up regulatory scrutiny across the U.S.—and health care is...more

WilmerHale

Antitrust Division’s Implementation of the Department of Justice’s Safe Harbor Declination Policy - A Policy in Search of a Fact...

WilmerHale on

The Antitrust Division of the Department of Justice quietly made a change to its Leniency Policy and Procedures (the “Leniency Policy”) that could impact companies acquiring businesses or companies that they discover may have...more

Epstein Becker & Green

Agencies Seek Information on Serial Acquisitions

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The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) launched a public inquiry seeking information concerning serial acquisitions and roll-up strategies....more

Holland & Knight LLP

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

Holland & Knight LLP on

District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more

Foley & Lardner LLP

What Every Multinational Company Should Know About … the U.S. DOJ’s Safe Harbor Policy and What the Antitrust Division Requires

Foley & Lardner LLP on

In October 2023, the Department of Justice (DOJ) announced a new Mergers & Acquisitions Safe Harbor Policy (“Safe Harbor Policy”) designed to encourage acquiring companies to voluntarily disclose criminal misconduct...more

Fenwick & West LLP

Nearly One Year After Proposed HSR Rulemaking, Still No New Rules: What Should Companies Considering M&A Activity Expect?

Fenwick & West LLP on

Last summer, on June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the Department of Justice (DOJ), unveiled proposed new rules governing implementation of the Hart-Scott-Rodino Act’s (HSR) premerger...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

MoginRubin LLP

As Feds Stalk Anticompetitive Mergers, What Can Competitors Do?

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Continuing to make good on President Biden’s pledge to root out and challenge anticompetitive mergers, the Antitrust Division of the Justice Department and the Federal Trade Commission have asked the public to join the hunt....more

Schwabe, Williamson & Wyatt PC

Is Now the Right Time For Your Health Care Merger?‎

Health care leaders intent on growing their businesses in the Pacific Northwest through mergers and acquisitions have difficult timing decisions to make. On the one hand, many larger health systems and hospitals have just now...more

A&O Shearman

Key antitrust findings - May 2024

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This newsletter is a summary of the antitrust developments we think are most interesting to your business. David Higbee (Global Head of Antitrust) and Dominic Long (Global Deputy Head of Antitrust) are our editors this month....more

Hogan Lovells

FTC and DOJ launch public inquiry on serial acquisitions and roll-up strategies

Hogan Lovells on

On May 23, 2024, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (the Agencies) published a Request for Information (the “May 2024 RFI”) to solicit public comments to help...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC-DOJ Inquiry on Serial Acquisitions: Cracking Down on PE Roll-Ups?

On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify...more

Wilson Sonsini Goodrich & Rosati

The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of...more

Womble Bond Dickinson

DOJ Announces New Task Force on Health Care Monopolies and Collusion

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On May 9, 2024, the Antitrust Division of the Department of Justice (DOJ) announced a new Task Force on Health Care Monopolies and Collusions (HCMC). Comprised of civil and criminal prosecutors, economists, healthcare...more

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