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Hospital Mergers Anti-Competitive Federal Trade Commission (FTC)

Manatt, Phelps & Phillips, LLP

Federal Antitrust Enforcement in Health Care: 2023 Year in Review – Part 1

Editor’s Note: The article below is the first in our three-part series, Federal Antitrust Enforcement in Health Care: 2023 Year in Review.  The series is based on our recent webinar, 2023 Health Care Enforcement Trends:...more

Robinson+Cole Health Law Diagnosis

FTC Takes Action to Block Hospital Transactions in Utah and New Jersey

On June 2, 2022, the Federal Trade Commission announced a pair of antitrust enforcement actions to block pending health system transactions that, according to it, would harm competition in the provision of inpatient general...more

Polsinelli

Antitrust Enforcers’ "Second Listening" Forum On Merger Reform Highlights Issues In The Healthcare Industry

Polsinelli on

In March of this year the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more

Dechert LLP

FTC use of hot documents in hospital merger challenges

Dechert LLP on

The government had lost seven consecutive hospital merger litigations before the FTC’s challenge to the Evanston Northwestern/Highland Park merger in 2003. That losing streak forced the FTC to reassess the economic tests used...more

Morgan Lewis - Health Law Scan

FTC Loses Preliminary Challenge to Tie-up of Two Philadelphia Healthcare Networks

On December 8, 2020, Judge Gerald Pappert in the US District Court for the Eastern District of Pennsylvania denied a request from the Federal Trade Commission (FTC) and Pennsylvania attorney general (AG) to preliminarily...more

Akerman LLP - Health Law Rx

Federal Trade Commission Challenge to Northern Philadelphia Hospital Merger Fails

The Federal Trade Commission (“FTC”) has failed – at least for now – in its efforts to derail a merger between Thomas Jefferson University Health System and Albert Einstein Health System, two Philadelphia-area health systems....more

Robinson+Cole Health Law Diagnosis

FTC and Commonwealth of Pennsylvania Challenge Proposed Hospital Merger

On February 27, 2020, the Federal Trade Commission (FTC) announced an action to block a proposed transaction between Thomas Jefferson University d/b/a Jefferson Health (Jefferson) and Albert Einstein Healthcare Network...more

White and Williams LLP

FTC Acts to Block Jefferson/Einstein Hospital Merger

On February 27, 2020, the Federal Trade Commission (FTC) issued an administrative complaint seeking to block the proposed merger of Jefferson Health (Jefferson) and Albert Einstein Healthcare Network (Einstein). The FTC...more

McDermott Will & Emery

[Webinar] Getting The Deal Through: Navigating Antitrust Scrutiny Of Health System Deals And Beyond - November 12th, 12:00 pm ET

McDermott Will & Emery on

According to a new report by the Health Care Cost Institute, nearly three-quarters of 112 metropolitan areas across 43 states have “highly concentrated” hospital markets—showing a rise of such areas from 67% in 2012 to 72% in...more

Mintz - Health Care Viewpoints

The California Attorney General and Sutter Health Face Off in an Antitrust Lawsuit

On March 29, 2018, the Attorney General of California filed an antitrust action against Sutter Health and its affiliates (“Sutter”) alleging Sutter engaged in various anticompetitive conduct in violation of California’s...more

Mintz

Despite Presence of “Power Buyer,” FTC Obtains Preliminary Injunction of Proposed Physician Acquisition in North Dakota

Mintz on

While antitrust enforcement of hospital mergers is well-established, physician acquisitions have only recently and increasingly seen antitrust scrutiny. Last week, in a 69-page opinion, a federal district court granted the...more

Holland & Knight LLP

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

Holland & Knight LLP on

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Mintz

The FTC and State of Illinois Solidify Victory Blocking Chicago Hospital Merger

Mintz on

The Federal Trade Commission (“FTC”) and the State of Illinois successfully concluded their challenge to the proposed merger of Advocate Health Care and NorthShore University Health System earlier this month, when the U.S....more

Holland & Knight LLP

Chicago-Area Hospitals Abandon Fight to Save Merger from FTC Challenge

Holland & Knight LLP on

After the U.S. Court of Appeals for the Seventh Circuit ruled on Oct. 31, 2016, that the district court's refusal to enjoin the merger of two hospital systems in Chicago's northern suburbs was based on an improper antitrust...more

Patterson Belknap Webb & Tyler LLP

Hospitals Considering Merger Face Increased Uncertainty

PinnacleHealth System and Penn State Hershey Medical Center have abandoned their merger plans following a Third Circuit defeat last month. The announcement underscores the uncertainty faced by hospitals considering...more

Patterson Belknap Webb & Tyler LLP

Third Circuit Grants FTC Injunction in Penn State Hershey-Pinnacle Merger, Overruling Lower Court

On September 27, the U.S. Court of Appeals for the Third Circuit handed the Federal Trade Commission a big win, overturning the Middle District of Pennsylvania’s denial of an injunction to block the proposed merger of Penn...more

Baker Donelson

Provider Mergers: The Need for Early Antitrust Advice

Baker Donelson on

Given the Federal Trade Commission’s (FTC’s) aggressive antitrust enforcement program attacking provider mergers in hospital, physician, and other markets, it’s become extremely important for those considering a merger to...more

Foley & Lardner LLP

Six Trends Impacting Health Care M&A in 2016

Foley & Lardner LLP on

From hospital expansions with large insurance deals to physician group consolidation, the continued outlook for health care mergers and acquisitions in 2016 is expected to be rampant. The following six factors will likely be...more

McDermott Will & Emery

FTC and Pennsylvania Attorney General Challenge Health System Combination

The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg,...more

Mintz - Health Care Viewpoints

A Return to Evanston: FTC Revisits Old Ground in Yet Another Hospital Merger Challenge

Last week, the Federal Trade Commission (“FTC” or “Commission”) authorized staff to file an administrative complaint and to seek in federal court a temporary restraining order and a preliminary injunction to block the...more

McDermott Will & Emery

FTC and Pennsylvania Attorney General Challenge Health System Combination

McDermott Will & Emery on

The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg,...more

Sheppard Mullin Richter & Hampton LLP

State Oversight of Anticompetitive Activity in Healthcare: Is a New Wave Ahead?

The Massachusetts Attorney General and others are currently advocating for legislation that would accord greater legal weight to the findings of an independent state agency, the Health Policy Commission, on the effects of...more

Manatt, Phelps & Phillips, LLP

Health Update - April 2015

Phoebe Putney: A Collision of Federal Antitrust and State Certificate of Need Laws - On March 31, 2015, the Federal Trade Commission (FTC) announced that it had entered into a consent agreement with Phoebe Putney Health...more

Morgan Lewis

Supreme Court Rules for FTC in Hospital Merger Case

Morgan Lewis on

Holding in Phoebe Putney case narrowly construes state-action exemption to antitrust laws. On February 19, in Federal Trade Commission v. Phoebe Putney Health System, Inc., the U.S. Supreme Court unanimously reversed a...more

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