News & Analysis as of

Private Equity Anti-Competitive

Morrison & Foerster LLP

The Inaugural Meeting of the White House’s Pricing Strike Force Focuses on Healthcare, Groceries, and Junk Fees

The Biden Administration recently convened the first meeting of its Strike Force on Unfair and Illegal Pricing (Strike Force), an interagency initiative announced in March 2024 to “root out and stop illegal corporate behavior...more

Stinson LLP

FTC’s Aggressive Focus on PE Blunted by Recent Court Decision

Stinson LLP on

Private Equity (PE) has been a popular and frequent target of the Biden Administration’s recent antitrust enforcement efforts. Earlier this year, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division...more

Mayer Brown

Private Equity Roll-Ups: Court Dismisses Welsh Carson from Roll-Up Litigation

Mayer Brown on

The Federal Trade Commission’s (FTC) push against private equity roll-ups has hit a snag. On May 14, 2024, US District Judge Kenneth Hoyt of the Southern District of Texas granted a motion to dismiss filed by Welsh, Carson,...more

WilmerHale

“Roll Up” or Roll On Out: Court Dismisses FTC Lawsuit Against Private Equity Firm Welsh Carson Under Section 13(b)

WilmerHale on

In a decision with significant implications for private equity firms and minority investors, on May 13, 2024, the US District Court for the Southern District of Texas dismissed the Federal Trade Commission’s (FTC) suit...more

Bass, Berry & Sims PLC

Court Dismisses “Roll-Up” Lawsuit against Private Equity Firm in Blow to FTC

Bass, Berry & Sims PLC on

On May 13, a federal district court in Texas dismissed private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) from an antitrust lawsuit filed by the Federal Trade Commission (FTC). The lawsuit, which was...more

Benesch

Dental/DSO Intelligence Monthly Report: February 2024

Benesch on

Conceived and founded by 16 doctors, EPIC4 is a unique entity—a Specialty Partnership Organization where dental specialists can maximize potential at all stages of their life and practice. Forming EPIC4 was something of an...more

ArentFox Schiff

The DOJ and FTC Turn Their Attention to “Roll-Up” Acquisitions, Looking for Anticompetitive Transactions

ArentFox Schiff on

In a December 2023 statement, the White House detailed its intention to encourage antitrust enforcers to scrutinize anticompetitive acquisitions and anticompetitive practices in health care. Specifically, the statement...more

Epstein Becker & Green

Congressional Investigation, White House Crackdown Means New Oversight of Private Equity Owners in Health Facilities

Epstein Becker & Green on

On December 6, 2023, Senate Budget Committee Ranking Member Chuck Grassley (R-Iowa) and Chair Sheldon Whitehouse (D.-R.I.) announced a new bipartisan investigation into private equity ownership in hospitals—just ahead of a...more

Snell & Wilmer

FTC Challenges Private Equity Roll-Up Acquisition Strategy

Snell & Wilmer on

A recent U.S. Federal Trade Commission (“FTC”) antitrust lawsuit against a private-equity owner of a large anesthesiology practice in Texas demonstrates that the FTC has begun to implement its more aggressive focus on the...more

Goodwin

Recent FTC Enforcement Action Signifies Increased Scrutiny of Private Equity Acquisitions and Imposition of More Onerous...

Goodwin on

On June 13, 2022, the Federal Trade Commission (“FTC” or “the Commission”) announced a consent agreement resolving concerns with a private equity acquisition, incorporating novel prior notice and approval requirements...more

Cadwalader, Wickersham & Taft LLP

FTC and DOJ Announce Project to Develop Progressive Merger Guidelines

On January 18, 2022, the Federal Trade Commission (“FTC”) and the Justice Department’s Antitrust Division (“DOJ”) (together, the “Agencies”) jointly announced plans to “review,” “modernize” and “strengthen” horizontal merger...more

Dechert LLP

EU Court of Justice: Financial Investors Liable for Anticompetitive Conduct of Portfolio Companies

Dechert LLP on

The European Court of Justice has confirmed that financial investors can incur parental liability for the anticompetitive practices of portfolio companies, even after an IPO that left the investor holding only a minority...more

Buchalter

California Senate Passes Bill Granting the Attorney General Authority To Review Health Care Acquisitions and Changes of Control

Buchalter on

SB 977 was passed by the California Senate on June 26, 2020. If the bill is passed by the Assembly and becomes law, it will require health care systems, private equity groups, hedge funds, and academic medical centers to...more

Foley & Lardner LLP

Power Play: California May Require Attorney General Approval for Transactions Involving Health Systems, Private Equity Groups, or...

Foley & Lardner LLP on

California Senate Bill 977 (SB-977), entitled “Health care system consolidation: Attorney General approval and enforcement,” is set for a June 9 hearing before the Senate Appropriations Committee. The bill has two main...more

A&O Shearman

The FTC’s Challenge of Red Ventures–Bankrate: Antitrust Risks in Deals Backed by Private Equity Minority Shareholders

A&O Shearman on

On November 3, 2017, the Federal Trade Commission filed a complaint challenging Red Ventures’ proposed acquisition of Bankrate. The FTC alleged that the deal likely would have lessened competition in the market for...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

Latham & Watkins LLP

Portfolio Companies’ Antitrust Risks Reflect on PE Houses

Latham & Watkins LLP on

Antitrust authorities around the world are increasingly collaborating with each other in an effort to unearth anticompetitive behavior such as cartels, and are devoting greater resources to doing so. As a result, PE houses...more

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