Patricia Wagner

Patricia Wagner

Epstein Becker & Green

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Readers' Choice Awards

Antitrust & Trade Regulation
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Use of a Common Agent Can Raise Antitrust Concerns

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

12/19/2019  /  Anticompetitive Agreements , Antitrust Violations , Bargaining Power , Boycotts , Contract Negotiations , DOJ , Enforcement Guidance , FTC , Physician Hospital Organizations

The FTC Explains How It Determines Whether a Transaction Is Structured for the Purpose of Avoiding the Hart-Scott-Rodino Antitrust...

How a transaction gets structured raises a multitude of issues, including whether the transaction might be reportable under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”). Structuring a transaction for the purpose...more

12/5/2019  /  Acquisitions , Antitrust Provisions , Competition , Corporate Counsel , FTC , Hart-Scott-Rodino Act , Mergers , Threshold Requirements

Antitrust Compliance with Transition Planning for Merging Parties

Once the parties to a transaction have signed a definitive agreement, there may be a sense that the parties can more freely share competitively sensitive information. However, until closing, the antitrust laws require that...more

11/14/2019  /  Acquisitions , Competition , Compliance , Corporate Counsel , Mergers , Risk Assessment

Will Price Transparency Benefit Consumers or Facilitate Antitrust Violations?

This past June, President Trump issued an Executive Order on Improving Price and Quality Transparency in American Healthcare to Put Patients First (“Order”), intending to increase price and quality transparency for American...more

10/31/2019  /  Affordable Care Act , Competition , Executive Orders , FTC , Healthcare , Healthcare Costs , Price Transparency , Trump Administration

The Failing Firm Defense Is an Absolute Defense to an Otherwise Anticompetitive Merger

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

10/11/2019  /  Acquisitions , Anti-Competitive , Anticompetitive Agreements , DOJ , Failing Firm Defense , FTC , Horizontal Merger Guidelines , Horizontal Mergers , Mergers

The Numbers Are In: The Recently Released Hart-Scott-Rodino Annual Report for Fiscal Year 2018 Provides an Overview of Antitrust...

On September 16, 2019, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) released their combined Hart-Scott-Rodino Annual Report (“Report”) for fiscal year 2018 (covering the...more

9/27/2019  /  Ambulatory Surgery Centers , Annual Reports , Consent Order , DOJ , FTC , Hart-Scott-Rodino Act , Health Care Providers , Healthcare Facilities , Hospital Mergers , Mergers

Identifying 4(c) and 4(d) Documents for HSR Filings

When submitting a Hart-Scott-Rodino (“HSR”) Premerger Notification and Report Form and documentary attachments, parties are required to include what are known as “4(c) documents” and “4(d) documents.” Under the HSR...more

9/13/2019  /  Acquisitions , Antitrust Provisions , Competition , FTC , Hart-Scott-Rodino Act , Mergers , Premerger Notifications , Threshold Requirements

Are Efforts to Speed Up Antitrust Merger Reviews Working?

Last September, Makan Delrahim, the Assistant Attorney General for the Antitrust Division of the Department of Justice (“DOJ”), announced efforts to streamline antitrust merger reviews with a stated goal of completing the...more

8/24/2019  /  Antitrust Division , Antitrust Investigations , DOJ , Enforcement Actions , FTC , Health Care Providers , Mergers , Pharmaceutical Industry

Seeking Opinions on Potential Conduct from the Antitrust Division of the Department of Justice

The Antitrust Division of the Department of Justice (“DOJ”) has a process that allows organizations to seek written opinions from the agency on whether proposed conduct will violate the antitrust laws. (The Federal Trade...more

8/12/2019  /  Advisory Opinions , Antitrust Division , DOJ , Enforcement Actions , FTC , Joint Venture

The Benefits of an Effective Antitrust Compliance Program

The Antitrust Division of the U.S. Department of Justice (“DOJ”) recently released guidance outlining how DOJ evaluates antitrust corporate compliance programs as part of its Corporate Leniency program. This guidance...more

7/31/2019  /  Antitrust Division , Antitrust Investigations , Antitrust Violations , Best Practices , Chief Compliance Officers , Compliance , DOJ , New Guidance , White Collar Crimes

FTC Submits Comments on Proposed “Information Blocking” Rule in Effort to Protect Market Competition

On June 6, 2019, the Federal Trade Commission (“FTC”) submitted a comment letter regarding a proposed rule by the Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology...more

7/11/2019  /  21st Century Cures Act , Electronic Health Record Incentives , Electronic Protected Health Information (ePHI) , FTC , Health Information Technologies , ONC , Proposed Rules , Regulatory Agenda

State Attorneys General Look to Flex Antitrust Enforcement Muscle

Until recently, state and federal enforcers shared a common outlook in their approach and goals for antitrust enforcement. Most state antitrust laws mirror federal laws, and a consistent approach to antitrust enforcement has...more

6/20/2019  /  Antitrust Investigations , Antitrust Provisions , Competition , Enforcement Actions , FTC , State Attorney Generals

Trends in Cybersecurity of Medical Devices: Thought Leaders in Health Law Video Series [Video]

In this Thought Leaders in Health Law® video, attorneys Neil Di Spirito, Alaap Shah, Jessika Tuazon, and Patricia Wagner from Epstein Becker Green look at the Food and Drug Administration’s (FDA’s) guidance on the...more

6/13/2019  /  Cybersecurity , FDA , Manufacturers , Medical Devices , Risk Management

FTC Schedules Final Hearing on Competition and Consumer Protection

On May 31, the Federal Trade Commission (“FTC”) posted the agenda for its final hearing in the “Competition and Consumer Protection in the 21st Century” series. The hearing will take place on June 12, 2019. The FTC has...more

6/6/2019  /  Antitrust Investigations , Antitrust Provisions , Competition , Enforcement Actions , FTC , Investigations , Regulatory Agenda , Regulatory Oversight

Another Important Voice in Support of Retrospective Antitrust Reviews

In our last Antitrust Byte, we brought to your attention Federal Trade Commission (“FTC”) Commissioner Rebecca Slaughter’s support for retrospective reviews of vertical transactions. Not to be overlooked, however, is Chairman...more

5/10/2019  /  Antitrust Investigations , Enforcement Actions , FTC , FTC Commissioners , Hospital Mergers , Merger Controls , Mergers , Vertical Mergers

Third Circuit Curtails FTC’s Ability to Seek Judicial Review of Past Antitrust Violations

The Federal Trade Commission Act (“Act”) declares “unfair methods of competition to be unlawful” and gives the Federal Trade Commission (“FTC”) multiple tools to combat such conduct. Section 5(b) of the Act provides the FTC...more

3/29/2019  /  Antitrust Violations , FTC , FTC Act , Judicial Authority , Statutory Interpretation , Unfair or Deceptive Trade Practices

FTC Reiterates Importance of Compliance Reports

On March 11, 2019, the Director of the Federal Trade Commission’s (“FTC’s”) Bureau of Competition and the Assistant Director of the Bureau’s Compliance Division coauthored a blog post to announce the revision of “standard...more

3/15/2019  /  Acquisitions , Antitrust Provisions , Competition , Divestiture , FTC , Mergers , Reporting Requirements

Confidentiality of HSR Submissions

Parties involved in health care transactions subject to the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act (“HSR” or “Act”) frequently ask whether submission of the HSR Notification and Report...more

2/28/2019  /  Acquisitions , Antitrust Provisions , Confidential Information , Contractual Safeguards , DOJ , FOIA , FTC , Hart-Scott-Rodino Act , Information Sharing , Mergers , Public Disclosure , Sensitive Business Information

Definition of “Relevant Market” Is Fact-Intensive

Violations of the Sherman Act generally require a demonstration of market power in the “relevant market.” The relevant market has two components—the relevant product market and the relevant geographic market....more

2/14/2019  /  Competition , Geographic Markets , Health Care Providers , Hospitals , Physicians , Sherman Act , Telemedicine

Conspiracies and Trade Associations

Section 1 of the Sherman Act prohibits any “contract, combination ... or conspiracy, in restraint of trade or commerce.” As a result, in order to establish a viable claim under this section, there must be factual evidence of...more

1/31/2019  /  Antitrust Violations , Conspiracies , Restraint of Trade , Sherman Act , Trade Associations

Early Termination of HSR Waiting Period Is Not Available During Government Shutdown

The Hart-Scott-Rodino Antitrust Improvements Act (“HSR”) (section 7A of the Clayton Act, 15 U.S.C. §18a) requires parties to a transaction meeting certain size thresholds to complete and file a Notification and Report Form...more

1/17/2019  /  Antitrust Division , DOJ , FTC , Government Shutdown , Hart-Scott-Rodino Act , Mergers , Premerger Notifications , Waiting Periods

Joint Development of Specialized Clinical Services

The Statements of Antitrust Enforcement Policy in Health Care (“Policy Statements”), issued jointly by the Department of Justice and Federal Trade Commission, provide, at Statement 3, guidelines for evaluating whether a joint...more

12/13/2018  /  Antitrust Provisions , Collaboration , Data-Sharing , DOJ , FTC , Health Care Providers , Hospitals , Medical Records , Policy Statement

Sharing of Clinical Information Generally Acceptable Under Antitrust Laws

Given the importance of population health management, providers (whether as part of a value-based arrangement or otherwise) share clinical information to help develop best practices and quality initiatives. Current guidance...more

11/29/2018  /  Antitrust Provisions , Data-Sharing , DOJ , FTC , Medical Records , Policy Statement

Parallel Conduct and Section 1 of the Sherman Act

Section 1 of the Sherman Act, 15 U.S.C. § 1, prohibits “every contract, combination … or conspiracy, in restraint of trade or commerce.” Determining whether such a “contract, combination … or conspiracy” (i.e., the agreement...more

11/15/2018  /  Antitrust Provisions , Antitrust Violations , Restraint of Trade , Sherman Act

Tying Arrangements May Violate Antitrust Laws

Unlawful tying involves an agreement between a buyer and a seller whereby the seller conditions the sale of a good or service in one market (the “tying” product) upon the buyer’s agreement to buy a second good or service (the...more

11/8/2018  /  Antitrust Violations , Healthcare , Illegal Tying Arranegements , Sherman Act , The Clayton Act , Tying
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10 Liberty Ship Way, Suite 300
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Privacy Officer
JD Supra, LLC
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Sausalito, California 94965

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We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

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