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Higher Prices, Reduced Access, Lower Quality Care: HHS, FTC, DOJ Report Harshly Criticizes Provider Consolidation and Private...

In March 2024, the Federal Trade Commission (FTC), the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) (collectively, Agencies) issued a request for information (RFI) seeking public comment...more

FTC Settlement Proposes Consent Order to Monitor Private Equity Firm Welsh Carson’s Acquisitions Plans

We previously reported on the Federal Trade Commission’s (FTC) lawsuit against U.S. Anesthesia Partners (USAP) and the private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson). In the lawsuit, the FTC alleges that...more

New York and Connecticut AGs Close Northwell-Nuvance Antitrust Investigations With Assurances From the Health Systems

Last February, New York-based Northwell Health and Connecticut-based Nuvance Health announced that they had entered into an agreement under which the health systems would merge. Thereafter, the New York State Office of...more

FTC/DOJ Merger Guidelines: Assessment of Rebuttal Evidence

As explained in our prior article discussing the recently- issued Merger Guidelines (“Guidelines”), the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) (the “Agencies”) having described and discussed the...more

Analysis: How the FTC and DOJ Final Merger Guidelines Impact on Health Care System Mergers

In prior posts, we discussed the draft, updated merger guidelines that had been issued by the Federal Trade Commission and the Department of Justice (sometimes referred to as the “Agencies”) in July of last year. At that...more

Draft Merger Guidelines: Rebutting a Claim of Substantial Lessening of Competition

In a recent post, we discussed the 13 guidelines set forth in the recently issued proposed Hospital Merger Guidelines (“Draft Guidelines”) issued by the Federal Trade Commission and the Department of Justice (the “Agencies”)....more

FTC/DOJ Announce Three Public Workshops to Discuss the Draft Merger Guidelines

Earlier this week, the Federal Trade Commission and the Department of Justice announced that they will be co-hosting three workshops to facilitate public dialogue on the recently issued draft Merger Guidelines. The first...more

Details on the 2023 DOJ and FTC Proposed Merger Guidelines’ Potential Impact on Health Care Systems

In a prior post, we reported on the issuance by the U.S. Department of Justice and the Federal Trade Commission (the “Agencies”) of a draft update to their merger guidelines (the “Proposed Guidelines”) intended to describe...more

FTC and DOJ Issue Proposed Merger Guidelines Updates

Yesterday, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (the “Agencies”) jointly issued a draft update of their Merger Guidelines intended to describe and guide the Agencies’ review of...more

FTC Proposed Non-Compete Ban: Impact on Nonprofit Hospitals and Nonprofit Affiliates

As has been extensively reported, on January 5 the Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would, with only limited exceptions, prohibit employers from using non-compete clauses. More...more

COPA-Like Agreements in Pennsylvania and COPA Rules in Neighboring States

In the first part of this article, we discussed the Federal Trade Commission’s (“FTC”) recently issued staff policy paper strongly urging states to avoid using Certificates of Public Advantage (“COPA”) which seek to immunize...more

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