District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure -
In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more
In Federal Trade Commission v. U.S. Anesthesia Partners, Inc. et al., a federal district court granted private equity firm Welsh, Carson, Anderson & Stowe's motion to dismiss it from the Federal Trade Commission's (FTC)...more
As Holland & Knight observed previously, the Biden Administration's antitrust enforcers have trained their sights on private equity firms and their portfolio companies, including in a Sept. 21, 2023, lawsuit challenging one...more
3/8/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Asset Management ,
Biden Administration ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Popular ,
Private Equity ,
Private Equity Firms ,
Public Comment ,
Request For Information
After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more
12/21/2023
/ Acquisitions ,
Anticompetitive Agreements ,
Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Joint Statements ,
Joint Venture ,
Limited Liability Company (LLC) ,
Merger Reviews ,
Mergers ,
Ownership Interest ,
Partnerships ,
Risk Assessment ,
Vertical Mergers
The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant...more
The Federal Trade Commission (FTC) on Sept. 21, 2023, sued a private equity firm in the U.S. District Court for the Southern District of Texas over an alleged decade-long "roll-up" strategy to consolidate anesthesiology...more
9/27/2023
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Division ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Industry Consolidation ,
Monopolization ,
Physicians ,
Private Equity ,
The Clayton Act
The Federal Trade Commission (FTC) on June 27, 2023, announced its intention to increase the cost and burden of its regulatory processes, which might prevent many even benign and procompetitive mergers and acquisitions (M&A)...more
The Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) held the final installment of their "listening tour" on May 12, 2022, focused on the firsthand effects of mergers and...more
The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) continued their online listening tour on April 14, 2022, with a discussion regarding the effects of mergers and acquisitions on the healthcare industry...more
4/20/2022
/ Acquisitions ,
Antitrust Provisions ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Hospital Mergers ,
Industry Consolidation ,
Mergers ,
Vertical Integration
Federal antitrust enforcement in the agricultural industry had been little more than a whisper for decades. The Obama Administration announced it was making agricultural antitrust enforcement a priority and then held...more