On April 4, 2025, Washington became the first state to enact a law requiring a general pre-merger notification of HSR-reportable deals to state enforcers, regardless of industry....more
Each year, the FTC adjusts the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act) based on changes in the gross national product...more
On October 10, 2024, the U.S. Federal Trade Commission (“FTC”) and Antitrust Division of the U.S. Department of Justice (“DOJ”) announced a Notice of Final Rulemaking regarding the Hart-Scott-Rodino (“HSR”) Premerger...more
10/14/2024
/ Acquisitions ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Required Documentation ,
Threshold Requirements
Key Takeaways -
..Requires parties to provide notice to the Vermont Attorney General (“VT AG”) for transactions involving Vermont hospitals that are acquiring medical practices.
..The parties must provide 90 days...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Parties must obtain approval from the Rhode Island Attorney General (“RI AG”) and Department of Health (“DOH”) for certain transactions involving Rhode Island hospitals.
..Under the statute, the RI...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the New York Department of Health (“NYDOH”) of certain transactions involving “health care entities”.
..The parties must provide 30 days notice before closing to...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Entities ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to seek approval from the Oregon Health Authority (“OHA”) for certain healthcare mergers, acquisitions, affiliations and other transactions involving “health care entities”.
..Under...more
Key Takeaways -
..Requires parties to provide notice to the Washington Attorney General (“WA AG”) for certain transactions involving hospitals, hospital systems, and provider organizations, as well as transactions...more
6/21/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the Minnesota Department of Health (“MDH”) and the Minnesota Attorney General (“MN AG”) to determine whether certain mergers, acquisitions, purchases, or sales...more
6/20/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to provide notice to the Nevada Attorney General (“NV AG”) for certain transactions involving “group practices” or “health carriers” in the state.
..The parties must provide notice...more
6/20/2024
/ Acquisitions ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to obtain approval from New Mexico’s Office of Superintendent of Insurance (“NM Office”) for transactions involving New Mexico hospitals.
..The parties must provide 120 days notice...more
Key Takeaways -
..Requires parties to provide notice to the Massachusetts Attorney General (“MA AG”), the Commission, and the Center for Health Information and Analysis for transactions involving certain health facilities...more
Key Takeaways -
..Requires parties to provide notice to the Illinois Attorney General (“IL AG”) for transactions involving certain health care facilities and provider organization group practices.
..The parties must...more
Key Takeaways -
..Requires parties to provide notice to the Connecticut Attorney General (“CT AG”) for certain transactions involving Connecticut group practices, as well as transactions involving a hospital, hospital...more
6/19/2024
/ Acquisitions ,
Affiliated-Business Arrangements ,
Compliance ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
Key Takeaways -
..Requires parties to apply for approval from the Hawaii State Health Planning and Development Agency (“HI Agency”) and provide notice to the Hawaii Attorney General (“HI AG”) for transactions involving the...more
Key Takeaways -
..Requires parties to provide notice to the Indiana Attorney General (“IN AG”) relating to certain mergers or acquisitions between an Indiana “health care entity” and another health care entity with total...more
6/19/2024
/ Acquisitions ,
Affiliated-Business Arrangements ,
Affiliates ,
Corporate Practice of Medicine ,
Covered Transactions ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
New Legislation ,
Notice Requirements ,
Physicians
The U.S. healthcare space has grown dramatically in recent years, in large part based on the significant increase in private investment. This has not gone unnoticed, and U.S. healthcare transactions are now facing increasing...more
The following states have proposed, but not passed, additional state healthcare transaction notification laws....more
As required by the HSR Act, on January 22, 2024, the U.S. Federal Trade Commission (“FTC”) released its annual adjustments to the reporting thresholds and filing fees. The key number to remember is now $119.5 million. ...more
1/24/2024
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
On September 26, 2023, the FTC and 17 state attorneys general filed a long-anticipated antitrust complaint against Amazon. The complaint alleges that Amazon wields monopoly power in what the plaintiffs define as the online...more
Agencies drastically revise Merger Guidelines and HSR process while withdrawing long-established antitrust healthcare guidance -
The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ,...more
8/14/2023
/ Antitrust Investigations ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Hospital Mergers ,
Hospitals ,
Popular
The start of 2023 has been a busy one, with global antitrust agencies advancing investigations and challenging a number of technology acquisitions. Future antitrust enforcement could also be shaped by new digital market...more
6/15/2023
/ Acquisitions ,
Adobe ,
Antitrust Division ,
Broadcom ,
Competition ,
Competition Authorities ,
Digital Marketplace ,
Divestiture ,
Enforcement Priorities ,
EU ,
Facebook ,
Federal Trade Commission (FTC) ,
Microsoft ,
Popular ,
Proposed Legislation ,
Remedies ,
UK ,
UK Competition and Markets Authority (CMA)
As required by the HSR Act, on January 23, 2023, the U.S. Federal Trade Commission (FTC) released its annual adjustments to the reporting thresholds. The key number to remember is now $111.4 million. Note, this is an increase...more
1/25/2023
/ Antitrust Provisions ,
Consumer Price Index ,
Energy Policy and Conservation Act (EPCA) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
FTC Act ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
On December 29, President Biden signed into law the Consolidated Appropriations Act, 2023 (CAA-23) — a $1.7 trillion omnibus spending package that includes notable changes to current antitrust laws and policies. This...more
As required by the HSR Act, on January 21, 2022, the U.S. Federal Trade Commission (“FTC”) released its annual adjustments to the reporting thresholds. The key number to remember is now $101 million. Note, this is an increase...more
1/21/2022
/ Antitrust Provisions ,
Civil Monetary Penalty ,
Energy Policy and Conservation Act (EPCA) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
FTC Act ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Reporting Requirements ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements