In a prior post, we discussed the Federal Trade Commission’s (“FTC”) lawsuit against U.S. Anesthesia Partners (“USAP”) and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”). Most recently, the U.S....more
The Federal Trade Commission yesterday held an open meeting at which it voted to finalize and promulgate its long-anticipated rule that effectively bans noncompetes nationwide subject to only a few exceptions. The rule will...more
4/25/2024
/ CEOs ,
Chamber of Commerce ,
COOs ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
The Federal Trade Commission announced yesterday that it will be holding a special Open Commission Meeting virtually next Tuesday, April 23, 2024, at 2 p.m. ET for purposes of voting on whether to issue a proposed final rule...more
Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In Part I of this two-part update, we discussed recent lawsuits involving private equity...more
4/15/2024
/ Antitrust Division ,
Antitrust Provisions ,
Cartwright Act ,
Competition ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Healthcare ,
Lack of Authority ,
Popular ,
Request For Information
Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In the litigation context, this has involved, in addition to new lawsuits filed by the...more
On March 6, the Federal Trade Commission (“FTC”), the Department of Justice’s Antitrust Division (“DOJ”), and the Department of Health and Human Services (“HHS”) (the “Agencies”) announced that they were “launching a...more
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
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
As reported in a prior blog post, the Federal Trade Commission (“FTC”) filed suit in federal district court in September alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson,...more
11/30/2023
/ Anti-Competitive ,
Antitrust Violations ,
Article II ,
Class Action ,
Conspiracies ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Injunctive Relief ,
Monopolization ,
Motion to Dismiss ,
Popular ,
Self-Funded Health Plans ,
Sherman Act ,
The Clayton Act ,
Unions
The U.S. District Court for the Northern District of Texas recently granted the U.S. Department of Justice’s (“DOJ”) motion to dismiss the criminal charges it had previously brought against Surgical Care Affiliates, LLC and...more
A recently decided case out of Connecticut provides a useful examination of how antitrust standing issues may be analyzed in cases involving commercially-insured patients directly suing a health care system alleging economic...more
The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently considered the question whether an employed physician can be paid bonus compensation relating to procedures performed by the...more
10/26/2023
/ Advisory Opinions ,
Ambulatory Surgery Centers ,
Anti-Kickback Statute ,
Bonuses ,
Compensation ,
Department of Health and Human Services (HHS) ,
Employees ,
Health Care Providers ,
OIG ,
Physicians ,
Remuneration ,
Safe Harbors
We have previously reported on Axon Enterprise, Inc. v. Federal Trade Commission, 598 U.S. ____, 143 S. Ct. 890 (2023), a case involving the question whether parties seeking to undertake a transaction subject to FTC review...more
Last week, the U.S. Supreme Court denied the request of qui tam relators that it review the Sixth Circuit’s recent decision in United States of America ex rel. Martin v. Hathaway, No. 22-1463 (6th Cir.). In so doing, the...more
10/10/2023
/ Anti-Kickback Statute ,
But For Causation ,
Denial of Certiorari ,
False Claims Act (FCA) ,
Health Care Providers ,
Patient Referrals ,
Physicians ,
Qui Tam ,
Relators ,
Remuneration ,
SCOTUS
As explained in prior posts, the Federal Trade Commission (“FTC”) filed suit in April of this year in Federal District Court for the District of Columbia seeking to enjoin Louisiana Children’s Medical Center (“LCMC”) from...more
The False Claims Act’s (FCA) materiality requirement as articulated by the U.S. Supreme Court in Universal Health Servs., Inc. v. United States ex rel. Escobar, 579 U.S. 176 (2016) was again front and center, this time in a...more
Yesterday, the Federal Trade Commission (“FTC”) filed suit in federal district court alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”), which...more
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
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
On August 18, the Office of Inspector General in the Department of Health and Human Services (“OIG”) issued Advisory Opinion 23-05 in which it concluded that a proposed arrangement involving the formation of a company...more
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
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
On July 14, the Federal Trade Commission (“FTC”), as anticipated, announced that it was withdrawing two antitrust policy statements related to enforcement in health care markets:
• Statements of Antitrust Enforcement Policy...more
Last month in United States ex rel. Schutte, et al. v. SuperValu Inc. et al, the Supreme Court unanimously held (with Justice Thomas writing the opinion) that the False Claims Act’s (“FCA”) scienter element refers to a...more
7/13/2023
/ CIGNA ,
False Billing ,
False Claims Act (FCA) ,
Medicaid ,
Medicare ,
Personal Knowledge ,
Prescription Drugs ,
Reasonable Interpretations ,
Reckless Disregard ,
Relators ,
SCOTUS ,
US ex rel Tracy Schutte et al v SuperValu Inc et al ,
Whistleblowers
The Federal Trade Commission (“FTC”) on June 27 issued a proposed rule pursuant to which it would amend its Hart-Scott-Rodino Act (“HSR”) form and instructions and in so doing make major “top-to-bottom” changes for the first...more
7/7/2023
/ Comment Period ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Mergers ,
Premerger Notifications ,
Proposed Amendments ,
Section 7 ,
Section 8 ,
Sherman Act ,
The Clayton Act