Providers that are not financially or clinically integrated must keep separate operations. This can extend to the use of a common agent for the non-integrated providers. The U.S. Department of Justice and Federal Trade...more
The fact that a merger might be anticompetitive is not a reason to prohibit a transaction if all of the elements of the “failing firm defense” are met, as described below. In fact, the antitrust agencies have long recognized...more
There are a few limited circumstances under which a buyer can cause an anticompetitive effect on a market. One instance is when parties enter into agreements that include what are known as “most favored nation” (“MFN”)...more