News & Analysis as of

Antitrust Division Department of Justice (DOJ) Private Equity

BCLP

Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm

BCLP on

Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in...more

Goodwin

States Continue to Pursue and Expand Healthcare Market Oversight at an Unprecedented Pace, with Significant Implications for...

Goodwin on

In recent years, states have shown an increased interest in regulating healthcare markets. The trend has accelerated further since the start of 2025, with a flurry of proposals in at least 12 states. ...more

Axinn, Veltrop & Harkrider LLP

GTCR / Surmodics: Four Key Takeaways for M&A Antitrust from the First FTC Merger Challenge Under Trump

In the FTC’s first merger challenge of the new administration, the FTC voted 4-0 last week to challenge the proposed acquisition of Surmodics by private equity firm GTCR BC Holdings (“GTCR”). As the Trump administration’s...more

Akin Gump Strauss Hauer & Feld LLP

2025 Perspectives in Private Equity: Antitrust & Competition

The heightened focus on antitrust and competition issues that has defined dealmaking globally over the past few years looks set for readjustment since President Trump re-entered the White House. Under the Biden...more

Cooley LLP

Antitrust Scrutiny of Private Equity: On the Horizon or in the Rearview Mirror?

Cooley LLP on

What the final days of the Biden administration portend for private equity enforcement in Trump 2.0 - During the final days of the Biden administration, the Antitrust Division of the Department of Justice (DOJ) and the...more

McCarter & English, LLP

KKR Countersues DOJ for Confusing and Contradictory HSR Rules

Not every investment firm countersues the acting assistant attorney general of the United States for the Antitrust Division, the United States Department of Justice (Antitrust Division), the Federal Trade Commission (FTC),...more

McCarter & English, LLP

Healthcare Consolidation and Private Equity: Public Input on Antitrust Healthcare Regulations

The Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), and the Department of Health and Human Services (HHS) (together the Agencies) launched a cross-government agency request for information...more

A&O Shearman

Antitrust in focus - January 2025

A&O Shearman on

U.S. antitrust agencies kick off 2025 with landmark merger control enforcement actions - The U.S. Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) have started the year with a bang by...more

Holland & Knight LLP

Less Is More? Implications of the DOJ's $650 million Action Against KKR & Co.

Holland & Knight LLP on

A Look at How Future Disclosures Under the Hart-Scott-Rodino Act Could Be Affected - The U.S. Department of Justice (DOJ) on Jan. 14, 2025, brought an action in the U.S. District Court for the Southern District of New York...more

Holland & Knight LLP

A Year-End Report for Healthcare Antitrust and What to Expect Later in 2025

Holland & Knight LLP on

As the year begins under a new Trump Administration, healthcare providers and private equity firms should consider the antitrust enforcement environment they are likely to face in 2025. This Holland & Knight report recaps...more

King & Spalding

HHS Issues Report on Consolidation and Private Equity in Health Care Markets

King & Spalding on

On January 15, 2025, HHS released a report highlighting negative sentiments from commenters toward consolidation, private equity, and private insurers in health care markets. The comments were received in response to a joint...more

Rivkin Radler LLP

Federal Agencies Express Concerns About Health Care Market Consolidation and Role of Private Equity

Rivkin Radler LLP on

On January 15, 2025, the Federal Trade Commission (FTC), Department of Justice (DOJ), and Department of Health and Human Services (HHS) released a joint report continuing their collaborative initiative to address...more

Sheppard Mullin Richter & Hampton LLP

Looking Back and Looking Forward: Healthcare Antitrust in a New Administration: What Stays the Same and What Changes?

President Trump was sworn into office on Monday, promising swift action on several fronts. There is already a new Federal Trade Commission (“FTC”) Chair, Andrew Ferguson, with former FTC Chair Lina Khan expected to step down...more

TransPerfect Legal

Navigating the New Frontier: How Redefined Competition Analysis is Reshaping Second Requests

TransPerfect Legal on

At TransPerfect Legal's fifth annual Antitrust Clearance and Merger Enforcement Conference (ACME), hosted by the TransPerfect Legal Antitrust Practice Group, industry experts gathered to discuss evolving regulatory changes....more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Blocks Tapestry/Capri ‘Affordable Luxury’ Deal, but Court Applies Traditional Horizontal Merger Analysis

On October 24, 2024, the Federal Trade Commission (FTC) succeeded in blocking the proposed merger of Tapestry and Capri Holdings, which would combine popular fashion brands such as Coach, Kate Spade and Michael Kors. ...more

Foley & Lardner LLP

Private Equity Investments in Oncology: Top Five Things to Know

Foley & Lardner LLP on

Although private equity (PE) sponsors have been active investors in the health care services industry for the last decade, PE-backed health care providers today constitute only 4% of the United States health market by...more

Morrison & Foerster LLP

FTC Adopts Final HSR Rules, Substantially Expanding M&A Filing Requirements for Parties

Morrison & Foerster LLP on

On October 10, 2024, the U.S. Federal Trade Commission (“FTC”) voted 5-0 to adopt new Hart-Scott-Rodino (“HSR”) rules, which will substantially expand filing requirements for parties when the new rules go into effect. The...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update Q2 2024

Goodwin on

In the second quarter, federal and state antitrust enforcers continued their intense scrutiny of consolidation in the healthcare market by implementing new initiatives and laws designed to gather additional information...more

Venable LLP

Event in Review: Antitrust in Healthcare: The Good, the Bad, and the Ugly

Venable LLP on

Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more

Dickinson Wright

Ramping Up: Antitrust Enforcement in Health Care

Dickinson Wright on

Originally published in Healthcare Michigan, Volume 41, No. 6 - It has been a rapid-fire start to 2024 with antitrust enforcers within the Biden administration ramping up regulatory scrutiny across the U.S.—and health care is...more

Sheppard Mullin Richter & Hampton LLP

California Attorney General Advocates for Greater Antitrust Enforcement in Private Equity in Healthcare

On June 6, 2024, California Attorney General Rob Bonta announced that he led a multistate coalition of eleven (11) state attorneys general in in submitting a comment letter (the “Comment Letter”) in response to the Federal...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC-DOJ Inquiry on Serial Acquisitions: Cracking Down on PE Roll-Ups?

On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify...more

Sheppard Mullin Richter & Hampton LLP

New DOJ Health Care Task Force Portends Continued Aggressive Antitrust Enforcement

The health care industry has been a particular focus of antitrust concern in recent years, including recent policy initiatives, private equity warnings, and enforcement actions from both the Department of Justice (DOJ) and...more

Proskauer - Health Care Law Brief

As Scrutiny Escalates, DOJ Announces the Formation of the Health Care Monopolies and Collusion Task Force

The U.S. Department of Justice (“DOJ”) recently announced the creation of the Health Care Monopolies and Collusion Task Force (the “HCMC Task Force”) aimed at resolving antitrust issues in the health care industry. ...more

Womble Bond Dickinson

FTC Claims Against PE Firm Put to Sleep

Womble Bond Dickinson on

The FTC’s recent campaign against private equity roll-ups hit a stumbling block on May 13 as the United States District Court for the Southern District of Texas tossed out the Federal Trade Commission’s antitrust claims...more

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