News & Analysis as of

Mergers Federal Trade Commission (FTC) Preliminary Injunctions

Axinn, Veltrop & Harkrider LLP

Did the Supreme Court Just Make It Harder for the FTC to Block Mergers?

For most litigated mergers, the preliminary injunction hearing is decisive: if the FTC or DOJ obtains a preliminary injunction, parties frequently abandon the deal before the case is fully litigated on the merits, and...more

Cozen O'Connor

Rhode Island Attorney General and FTC Team Up to Block Merger of Healthcare Systems

Cozen O'Connor on

Rhode Island AG Peter Neronha issued a decision pursuant to his authority under Rhode Island’s Hospitals Conversions Act denying a proposed merger between healthcare systems Lifespan Corporation and Care New England Health...more

Hogan Lovells

FTC’s preliminary injunction win in hospital merger shows importance of deal and planning documents

Hogan Lovells on

On 4 August 2021, the District Court of New Jersey granted the Federal Trade Commission’s (FTC) motion for preliminary injunction, preventing Hackensack Meridian Health (HMH) and Englewood Healthcare (Englewood) from closing...more

McDermott Will & Emery

Special Report - Executive Order Encourages FTC, DOJ to Address Hospital Consolidation, Vigorously Enforce Antitrust Laws

McDermott Will & Emery on

President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several...more

Lowenstein Sandler LLP

FTC's Drop Of Illumina-Grail Merger Case Raises Uncertainty

Lowenstein Sandler LLP on

A federal judge recently dismissed the Federal Trade Commission's challenge of Illumina Inc.'s acquisition of Grail Inc., a cancer-screening firm started and spun off years earlier by Illumina itself. A victory for the...more

Wilson Sonsini Goodrich & Rosati

Distribution Merger Challenges at the FTC

In recent years, the Federal Trade Commission (FTC) has launched significant investigations into mergers between distributors, with the merging parties resolving the FTC’s concerns through consent, by abandoning the...more

Bracewell LLP

Appellate Court Affirms Decision to Block Medical Merger

Bracewell LLP on

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a district court’s issuance of a preliminary injunction to block the proposed merger of two North Dakota healthcare providers, Sanford Health/Sanford Bismarck...more

King & Spalding

FTC Wins Sanford Health/Mid Dakota Merger Appeal in Eighth Circuit

King & Spalding on

On June 13, 2019, the Eighth Circuit affirmed the district court’s grant of a preliminary injunction blocking the proposed merger of North Dakota healthcare providers Sanford Health, Sanford Bismarck (collectively, “Sanford”)...more

Dechert LLP

DAMITT Q3 2018: U.S. Antitrust Agencies Announce Merger Review Reforms in Response to DAMITT Findings Number and Duration of...

Dechert LLP on

Citing findings from the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) that have demonstrated a marked increase in the duration of significant merger investigations in recent years, DOJ Assistant Attorney...more

Epstein Becker & Green

What to Expect When the FTC Wins a Request for a Preliminary Injunction

Epstein Becker & Green on

As noted last week, the Federal Trade Commission (“FTC”) may challenge conduct when it has “reason to believe” that a violation of the laws that the FTC enforces has occurred. When challenging mergers, the FTC files an...more

Jones Day

Tronox Runs Into Procedural Quagmire with Challenges to Cristal Acquisition

Jones Day on

The FTC Challenge: The FTC pursued an administrative challenge against Tronox's proposed acquisition of Cristal without also seeking a preliminary injunction. Following an HSR investigation, the FTC normally seeks a...more

King & Spalding

FTC Wins Provider Merger Challenge in District Court

King & Spalding on

On December 13, 2017, a federal district court issued an order preliminarily enjoining the merger of North Dakota healthcare providers, Sanford Health, Sanford Bismarck, (Sanford) and Mid Dakota Clinic, P.C. (MDC). The order...more

King & Spalding

Sanford Health/Mid Dakota Clinic Healthcare Provider Merger Temporarily Blocked

King & Spalding on

On Wednesday, December 13, 2017, a federal district court issued an order preliminarily enjoining the merger of North Dakota healthcare providers, Sanford Health, Sanford Bismarck, (together “Sanford”) and Mid Dakota Clinic,...more

King & Spalding

FTC Challenges North Dakota Healthcare Provider Merger

King & Spalding on

On Thursday, June 22, 2017, the Federal Trade Commission (“FTC”) and the North Dakota Attorney General filed a complaint challenging the merger of North Dakota providers, Sanford Health, Sanford Bismarck (together “Sanford”),...more

Mintz - Health Care Viewpoints

Government Solidifies Victory Blocking Chicago Hospital Merger

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

King & Spalding

FTC Wins Hospital Merger Challenge in the Seventh Circuit

King & Spalding on

On October 31, 2016, the U.S. Court of Appeals for the Seventh Circuit overturned a district court decision that denied a motion by the Federal Trade Commission (FTC) and Illinois Attorney General (IL AG) to block the...more

Foley & Lardner LLP

FTC Finds Success in High-Profile Hospital Merger Appeal

Foley & Lardner LLP on

Many of our readers will recall the decision from Judge John Jones III of the Middle District of Pennsylvania earlier this year, denying the Federal Trade Commission’s (FTC) motion to enjoin 551-bed Penn State Milton S....more

McDermott Will & Emery

Antitrust M&A Snapshot - July 2016

McDermott Will & Emery on

United States: January – June Update - The Federal Trade Commission (FTC) and US Department of Justice (DOJ) have been actively challenging mergers and acquisitions in the first half of 2016. In some instances, the...more

Robinson & Cole LLP

Health Law Pulse - July 2016

Robinson & Cole LLP on

On June 14, 2016, a federal district court in the Northern District of Illinois denied a request from the Federal Trade Commission (FTC) for a preliminary injunction to enjoin the pending merger of Advocate Health Care...more

Goodwin

Business Litigation Reporter - June 2016

Goodwin on

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

Mintz - Health Care Viewpoints

FTC Wins Stay of Pennsylvania Hospital Merger Pending Appeal in Third Circuit

The Third Circuit granted on Tuesday the Federal Trade Commission’s (“FTC”) request for an injunction pending appeal of the proposed merger between Penn State Hershey Medical Center and Pinnacle Health System. The injunction...more

Goodwin

FTC Blocks Staples’ Acquisition of Office Depot

Goodwin on

After more than a year-long battle with the Federal Trade Commission (FTC), the proposed acquisition of Office Depot, Inc. (ODP) by Staples, Inc. (SPLS) was blocked by the Honorable Emmet G. Sullivan of the U.S. District...more

King & Spalding

FTC Loses Pennsylvania Merger Challenge in District Court and Seeks Emergency Appeal to Third Circuit

King & Spalding on

On May 9, 2016, a Pennsylvania federal judge denied efforts by the Federal Trade Commission (FTC) and state regulators to block the merger of Penn State Milton S. Hershey Medical Center (Hershey) and Pinnacle Health System...more

Locke Lord LLP

District Court Denies Preliminary Injunction in FTC Challenge to Merger of Pennsylvania Hospitals

Locke Lord LLP on

On May 9, 2016, Federal District Court Judge John E. Jones III denied a motion by the U.S. Federal Trade Commission (FTC) for a preliminary injunction blocking the consummation of a merger between the Penn State Medical...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Judge Grants Preliminary Injunction, Staples-Office Depot Call Off $6.3 Billion Deal"

On May 10, 2016, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia released his highly anticipated decision in the matter of Staples’ acquisition of Office Depot, granting the Federal Trade...more

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