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FTC Challenges Private Equity Roll-Up Acquisition Strategy

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

Fourth Circuit Affirms Divestiture Order in Antitrust Challenge Brought by Private Party Against Acquisition

In an unprecedented move, the Fourth Circuit in Steves and Sons Inc. v. JELD-WEN Inc. recently affirmed an order requiring a company to unwind the acquisition of competitor business in connection with an antitrust action...more

FTC and DOJ Temporarily Suspend Grants of Early Termination For Merger Reviews

On February 4, 2021, the Federal Trade Commission (FTC) and Department of Justice (DOJ) announced suspension of early termination grants under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). These grants...more

McCarron-Ferguson Act Repeal Upends 75 Years of Exemptions for Health Insurers and Sets New Antitrust Enforcement Expectations

Since 1945, the McCarran-Ferguson Act (Act) provided insurance companies a limited exemption from federal antitrust laws, exempting certain state-regulated activities that qualified as the “business of insurance." The Act...more

Proposed Aetna-Humana Merger Passes Another Hurdle in Antitrust Review

The proposed merger between major health insurers Aetna Inc. and Humana Inc. continues to inch closer to finalization. In a recent press release, Aetna announced that 10 states have now signed off on its proposed acquisition...more

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