On March 6, 2025, the Federal Trade Commission (FTC) filed a lawsuit in federal court challenging GTCR BC Holdings, LLC's (GTCR) proposed acquisition of Surmodics, Inc. (Surmodics). The complaint alleges that the transaction...more
On January 14, 2025, the Department of Justice (DOJ) sued private equity giant KKR & Co. (KKR) for numerous violations of antitrust law, alleging that KKR repeatedly violated its obligations to provide information on its...more
1/17/2025
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Violations ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Notice Requirements ,
Premerger Notifications ,
Private Equity ,
Threshold Requirements
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
9/20/2024
/ Acquisitions ,
Algorithms ,
Antitrust Division ,
Antitrust Provisions ,
Conspiracies ,
Corporate Practice of Medicine ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Mergers ,
Industry Consolidation ,
Market Participants ,
Mergers ,
Monopolization ,
Price Manipulation ,
Price-Fixing ,
Private Equity ,
Quality of Care Standards
2023 saw a significant uptick in antitrust scrutiny and enforcement, particularly in the healthcare space. After much rhetoric and a setback in challenging state Certificate of Public Advantage (COPA) laws, the Federal Trade...more
3/12/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Department of Labor (DOL) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
Popular ,
Private Equity ,
Private Equity Firms
On March 5, 2024, the Federal Trade Commission (FTC), Department of Justice (DOJ), and Department of Health and Human Services (HHS, and collectively with the FTC and DOJ, the Agencies) launched a cross-government inquiry...more
Backing up its recent rhetoric, the FTC has filed suit against a private equity firm based on a “roll-up scheme” in the healthcare space. The FTC filed its complaint in federal district court in Texas, alleging that Welsh,...more
Summary -
..The FTC and DOJ suffered twin setbacks in the healthcare space. In both UnitedHealth/Change and Illumina/Grail, the agencies’ reliance on more novel theories of harm failed to convince skeptical judges....more
11/11/2022
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Horizontal Mergers ,
Hospitals ,
Mergers ,
Popular ,
Private Equity ,
Vertical Mergers
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
6/17/2022
/ Anti-Competitive ,
Antitrust Division ,
Competition ,
Consent Order ,
Divestiture ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare Facilities ,
Notice Requirements ,
Private Equity ,
Private Equity Firms ,
Veterinarians
AGENCIES APPEAR POISED TO TARGET TECH, LIFE SCIENCES AND PRIVATE EQUITY TRANSACTIONS -
U.S. Federal Trade Commission (“FTC”) Chair Lina Khan and the head of the U.S. Department of Justice (“DOJ”), Antitrust Division,...more