Antitrust Litigation, Affordable Care Act, Hospital Mergers

Four Takeaways from the FTC’s Healthcare Merger Losses

Patterson Belknap Webb & Tyler LLP on 6/24/2016

The Federal Trade Commission has made clear that it considers the regulation of competition in health care markets one of its top priorities, but in recent weeks the FTC has been dealt a string of tough losses in its...more

District Court Blocks FTC and PA AG Challenge to Hershey-Pinnacle Merger

McDermott Will & Emery on 5/18/2016

On May 9, 2016, the US District Court for the Middle District of Pennsylvania denied the motion by the Federal Trade Commission (FTC) and Pennsylvania Office of Attorney General (together, the agencies) for a preliminary...more

Federal Court Relies on “Evolving Landscape of Health Care” Post-Affordable Care Act to Reject FTC Challenge to Hospital Merger

Mintz on 5/12/2016

Judge takes “the healthcare world as it is, and not as the FTC wishes it to be.” “We find it no small irony that the same federal government under which the FTC operates has created a climate that virtually compels...more

Anatomy of a Provider-Merger Antitrust Challenge (Part 5)

Baker Donelson on 4/15/2015

This is the fifth in a six-part series discussing the Federal Trade Commission's challenges to provider mergers. Following the initial Introduction and Background (Part 1), the series discusses The Need for Early Legal Advice...more

Ninth Circuit and Massachusetts Superior Court Release Important Antitrust Decisions

Robinson & Cole LLP on 2/27/2015

The Ninth Circuit Court of Appeals and a Massachusetts Superior Court each recently released decisions dealing with alleged violations of antitrust prohibitions that implicate a number of important issues surrounding health...more

Ninth Circuit Affirms FTC’s Challenge to Provider Acquisition as Anticompetitive Despite Defense that the Transaction’s Goals...

Dorsey & Whitney LLP on 2/25/2015

Competitive effects still matter in healthcare mergers, even in the face of a transaction’s claimed improvements in patient outcomes through integrated care and risk-based reimbursement consistent with the goals of the...more

Hospital-Physician Mergers: Practical Issues and Steps to Minimize Antitrust Risk

Baker Donelson on 4/26/2013

Recently, hospitals have been actively acquiring primary care and specialty physician groups, resulting in the employment of those physicians. This trend has occurred largely in response to reimbursement changes and other...more

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