As Bradley previously reported, the Federal Trade Commission at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in...more
4/26/2024
/ Cannabis-Related Businesses (CRBs) ,
Competition ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Marijuana Related Businesses ,
Non-Compete Agreements ,
Proposed Rules ,
Proprietary Information ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
As Bradley previously reported, the FTC at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in violation of Section 5 of...more
4/25/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more
4/23/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Healthcare ,
Mergers ,
Private Equity ,
Sherman Act ,
The Clayton Act
As Bradley forecasted in February, the Federal Trade Commission (FTC) recently announced the withdrawal of two healthcare antitrust policy statements: Statements of Antitrust Enforcement Policy in Health Care (1996) and...more
7/21/2023
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Horizontal Merger Guidelines ,
Mergers ,
Notice Requirements ,
Policy Statement ,
Pre-Merger Filing Requirements ,
Proposed Regulation ,
Regulatory Agenda
Calling them “outdated” and “overly permissive,” the Department of Justice’s Antitrust Division on February 3, 2023, announced the withdrawal of three long-standing antitrust policy statements related to enforcement in...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments...more
1/9/2023
/ Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Former Employee ,
Franchises ,
Health Care Providers ,
Healthcare ,
New Rules ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Popular ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Unfair Competition
I. ANTITRUST (Updated January 2022) -
A. M&A -
1. Provider Merger Enforcement -
a. Hackensack Meridian Health/Englewood Healthcare Foundation -
• In December 2020, the FTC sued to block Hackensack Meridian...more
President Biden issued Executive Order 14036 on July 9, 2021, calling for a “whole-of-government approach” to promote competition across many industries, including healthcare. The order establishes a White House Competition...more
7/19/2021
/ Acquisitions ,
American Hospital Association ,
Biden Administration ,
Competition ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance ,
Hospitals ,
Mergers ,
Prescription Drugs
On July 1, 2021, the full complement of Federal Trade Commission (FTC) commissioners voted in an open meeting to advance the agency’s antitrust enforcement agenda. Led by newly appointed Chair Lina M. Khan, the commission...more
7/7/2021
/ Antitrust Division ,
Biden Administration ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTC Commissioners ,
Healthcare ,
Investigations ,
Mergers ,
Presidential Nominations ,
Section 5
The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) requires that parties to mergers, acquisitions, or other transactions of a certain size notify the Federal Trade Commission (FTC) and the Department of...more
2/5/2021
/ Acquisitions ,
Civil Monetary Penalty ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
All eyes were on health care in 2020, as the industry faced unprecedented challenges presented by the global coronavirus pandemic.
Stories and images of overburdened frontline health care workers dominated the news cycle...more
On November 12, 2020, the Federal Trade Commission (FTC) sued to block the acquisition of two Memphis-area hospitals by Methodist Le Bonheur Healthcare. Eleven months earlier, on December 12, 2019, Methodist entered into an...more
On April 30, 2020, the United States Department of Justice Antitrust Division (DOJ) announced that it had brought a one-count felony charge against Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group...more