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Health Antitrust & Trade Regulation Mergers & Acquisitions

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

DOJ Announces Roundtable Series on Competition and Deregulation

The Department of Justice (“DOJ”) Antitrust Division recently announced plans to hold a series of public roundtable discussions to analyze the relationship between competition and regulation, and its implications for...more

Proposed CVS Health-Aetna Acquisition Holds Strong in Congressional Hearing

Last Tuesday, February 27, 2018, representatives of CVS Health and Aetna went before the House Judiciary Committee Subcommittee on Regulatory Reform, Commercial, and Antitrust Law (“Subcommittee”) to argue in favor of CVS...more

House Judiciary Subcommittee Holds Hearing on Proposed CVS/Aetna Merger

On February 27, the House Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law held a hearing to consider the implications of the proposed CVS/Aetna merger. The transaction, valued at approximately $69...more

How an Amicus Brief Can Win an Appeal

Economists are endemic to antitrust litigation. Their expertise is often necessary to explain why the conduct or merger at issue will have no impact (or a huge impact!) on competition in a market. ...more

Healthcare Law Update: February 2018

by Holland & Knight LLP on

Antitrust - FTC Announces Revised Hart-Scott-Rodino Thresholds for Acquisitions and Exclusive Licenses - The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the...more

FTC testimony underscores agency's views on certificate-of-need laws and competition in health care markets

by Dentons on

Staff from the Federal Trade Commission (FTC) appeared before the Alaska Senate Committee on Labor and Commerce on February 6, 2018, to present the FTC’s views on certificate-of-need (CON) laws and to support the repeal of...more

THE LATEST: Divestitures of Complex Pipeline Pharmaceutical Products off the Table at the FTC

by McDermott Will & Emery on

WHAT HAPPENED: - Bruce Hoffman, acting director of the Bureau of Competition at the Federal Trade Commission (FTC), announced that the FTC will no longer accept divestitures of inhalant and injectable pipeline drugs in...more

FTC Announces Revised Hart-Scott-Rodino Thresholds for Acquisitions and Exclusive Licenses

by Holland & Knight LLP on

The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will be applicable to transactions closing on or after Feb....more

Antitrust enforcement priorities for 2018

by Bricker & Eckler LLP on

Health care antitrust in 2017 saw governmental agencies successfully pursue a number of enforcement actions. Examining these actions provides insight and guidance as to what might happen in antitrust enforcement in 2018 and...more

Healthcare Transactions: Year in Review

by Bass, Berry & Sims PLC on

On December 3, 2017, CVS Health Corp. (NYSE: CVS) announced it would purchase health insurer Aetna Inc. (NYSE: AET) for $67.5 billion, a transaction that would be one of the biggest healthcare mergers in the past decade. The...more

Congress Responds to Proposed Health Care Mergers with Calls for Hearings and New Merger-Related Legislation

by Baker Donelson on

December saw the announcement of several significant proposed mergers in the health care industry, each of which has the potential to reshape the industry. These transactions include both vertical mergers between health care...more

FTC Wins Provider Merger Challenge in District Court

by King & Spalding on

On December 13, 2017, a federal district court issued an order preliminarily enjoining the merger of North Dakota healthcare providers, Sanford Health, Sanford Bismarck, (Sanford) and Mid Dakota Clinic, P.C. (MDC). The order...more

Federal Court Enjoins North Dakota Physician Practice Merger

by Holland & Knight LLP on

On December 15, 2017, United States Magistrate Judge Alice Senechal of the District of North Dakota entered an order preliminarily enjoining the merger between two large physicians practices in the Bismarck/Mandan market,...more

Despite Presence of “Power Buyer,” FTC Obtains Preliminary Injunction of Proposed Physician Acquisition in North Dakota

by Mintz Levin on

While antitrust enforcement of hospital mergers is well-established, physician acquisitions have only recently and increasingly seen antitrust scrutiny. Last week, in a 69-page opinion, a federal district court granted the...more

FTC Granted Preliminary Injunction to Block Physician Practice Acquisition

On December 13, 2017 a magistrate judge in the U.S. District Court for the District of North Dakota granted a request of the Federal Trade Commission (FTC) and North Dakota Attorney General to preliminarily enjoin Sanford...more

The Next Frontier in Hospital Mergers: Crossing Geographic Markets

With the Federal Trade Commission’s successful track record in challenging mergers of provider systems operating in the same geographic area, several hospitals are looking farther afield for merger partners. One recent...more

Sanford Health/Mid Dakota Clinic Healthcare Provider Merger Temporarily Blocked

by King & Spalding on

On Wednesday, December 13, 2017, a federal district court issued an order preliminarily enjoining the merger of North Dakota healthcare providers, Sanford Health, Sanford Bismarck, (together “Sanford”) and Mid Dakota Clinic,...more

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

by Holland & Knight LLP on

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Health Update - October 2017

A New Look at Digital Health Business Models - Editor’s Note: The Commonwealth Fund is developing an innovative digital health advisor (DHA)—an integrated suite of digital services that would provide consumers with health...more

Tennessee Approves Ballad Health COPA Over FTC Protests

In the face of the Federal Trade Commission’s (FTC’s) string of litigation successes over the last several years challenging hospital mergers on antitrust grounds, there has been an increased focus on the potential use of...more

THE LATEST: Integra Forced to Divest Neurosurgical Tools to Gain FTC Clearance

by McDermott Will & Emery on

WHAT HAPPENED - On February 14, 2017, Integra agreed to purchase Johnson & Johnson’s Codman neurosurgery business (excluding Codman’s neurovascular and drug deliver businesses) for $1.045 billion.... ...more

Tennessee Department of Health Grants COPA Request for Health Care Alliance

On September 19, 2017, the Tennessee Department of Health (“TDOH”) granted the request for a Certificate of Public Advantage (“COPA”) from Wellmont Health System and Mountain States Health Alliance. This approval paves the...more

Washington State AG Alleges Price Fixing and Sues to Break Up Rapidly Expanding Health System

by Mintz Levin on

After five years of growth through a series of acquisitions, the Washington State Attorney General’s office filed a lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System (“CHI Franciscan”)...more

By Antitrust Standards, When Is a Firm Really Failing?

The “failing firm” defense as a justification for permitting a merger that may otherwise lessen competition gets considerable play in healthcare transactions. Perilous hospital economics—often brought on by low Medicare and...more

Forging ahead: US M&A H1 2017: Healthcare deals flourish, but uncertainty looms large

by White & Case LLP on

Megadeals fuel pharma activity, while healthcare dealmakers face antitrust hurdles - Dealmaking in the pharmaceuticals and healthcare sector saw a rebound in H1 2017, with deal value increasing 51.8 percent compared to the...more

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