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Antitrust Provisions Hospitals Mergers

Greenbaum, Rowe, Smith & Davis LLP

Legal Risks and Challenges for Private Equity in Healthcare Acquisitions

Private Equity (PE) firms continue to be significant players in U.S. healthcare, acquiring assets across various sectors such as physician practices, home health, behavioral health, and urgent care. However, recent legal...more

Holland & Knight LLP

Podcast - Navigating the New Landscape of Private Equity in Healthcare

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In this episode of "Counsel That Cares," Arjan Peters from Capstone moderates a conversation with his colleague Grace Totman, Holland & Knight healthcare attorney John Saran and Association for Responsible Healthcare...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update Q1 2025

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While M&A activity has slowed in the tail end of the first quarter of 2025, including in healthcare, there have been several noteworthy developments in the antitrust space in the first 100 days of the Trump Administration. ...more

Cadwalader, Wickersham & Taft LLP

Washington State Adopts First Broad State Antitrust Premerger Notification Act and Filing Requirement

Effective July 27, 2025, any person that files a Hart-Scott-Rodino (HSR) Act Notification and Report Form (HSR Form) with the Federal Trade Commission (FTC) and the Department of Justice (DOJ) must also submit an electronic...more

Paul Hastings LLP

Check-Up and Diagnosis: The Ongoing Scrutiny of Private Equity Healthcare Investments

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In 2024 alone, over 676 private equity firms and related investors acquired healthcare companies or related assets. The growing influence of private equity in the healthcare industry has not gone unnoticed on either of the...more

Axinn, Veltrop & Harkrider LLP

Five Healthcare Antitrust Topics to Watch at the Upcoming Health Care Transactions Conference in Nashville

Each May, the American Health Law Association holds its Health Care Transactions Conference in Nashville, Tennessee. In addition to panels covering a wide variety of non-antitrust transactions issues (Stark Law, anyone?), we...more

Wilson Sonsini Goodrich & Rosati

States Expand Premerger Filings Family by Adopting “Baby-HSR” Laws to Review More Transactions

In a growing trend, states are requiring more premerger filings by enacting “baby-HSR” laws modeled after the federal Hart-Scott-Rodino (HSR) Act. These state-level statutes require parties to certain mergers and acquisitions...more

Stevens & Lee

Higher Prices, Reduced Access, Lower Quality Care: HHS, FTC, DOJ Report Harshly Criticizes Provider Consolidation and Private...

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In March 2024, the Federal Trade Commission (FTC), the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) (collectively, Agencies) issued a request for information (RFI) seeking public comment...more

Stevens & Lee

FTC Settlement Proposes Consent Order to Monitor Private Equity Firm Welsh Carson’s Acquisitions Plans

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We previously reported on the Federal Trade Commission’s (FTC) lawsuit against U.S. Anesthesia Partners (USAP) and the private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson). In the lawsuit, the FTC alleges that...more

Latham & Watkins LLP

US State Regulatory Spotlight on Healthcare Transactions: Reflections From 2024

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State-level oversight of M&A and other strategic transactions involving healthcare is continuing to expand into new markets and impact growth strategies. The interest and need for healthcare services transactions in the...more

Goodwin

State Healthcare Transaction Notification Laws - Illinois

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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

Womble Bond Dickinson

FTC Loss in Hospital Merger Shows Failing Firm Defense is Alive and Well

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While finding this to be the “rare case” where a hospital’s imminent failure justified its acquisition by a competitor, Judge Kenneth Bell denied the Federal Trade Commission’s motion for a preliminary injunction to enjoin...more

Goodwin

Antitrust & Competition Healthcare Year in Review 2023

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2023 saw a significant uptick in antitrust scrutiny and enforcement, particularly in the healthcare space. After much rhetoric and a setback in challenging state Certificate of Public Advantage (COPA) laws, the Federal Trade...more

American Conference Institute (ACI)

[Event] 15th Annual Advanced Forum on Managed Care Disputes and Litigation - May 2nd - 3rd, Chicago, IL

ACI’s Advanced Forum on Managed Care Disputes and Litigation offers an unparalleled learning experience, specifically designed for the MCO legal community. Attend and develop winning legal strategies and business best...more

Venable LLP

FTC Set to Reshape HSR Premerger Notification Process

Venable LLP on

Merger control in the United States is on the cusp of significant change as the Federal Trade Commission, in collaboration with the Department of Justice, prepares to finalize a proposed rule—first announced in June—that will...more

BakerHostetler

UPDATE: Are Hospital Acquisitions with COPA Authorization Exempt from HSR Premerger Notification?

BakerHostetler on

In my earlier post in the Antitrust Advocate Blog, I noted recent setbacks that the Federal Trade Commission has experienced with respect to its regulatory authority. I then asked whether the FTC would suffer another...more

Husch Blackwell LLP

A Significant Departure: Unpacking What the New Antitrust Guidelines Mean for Healthcare Providers

Husch Blackwell LLP on

Join Husch Blackwell’s Meg Pekarske and Wendy Arends as they explore the new draft Merger Guidelines and what enforcement may look like in the future. Given the number of hospices looking to consolidate through mergers, joint...more

McDermott Will & Emery

[Webinar] Healthcare M&A and New FTC and DOJ Merger Guidelines: What’s Next for Your Transactions? - August 9th, 12:30 pm - 1:30...

The FTC and DOJ’s proposed revised merger guidelines signal the Biden administration’s continued aggressive antitrust enforcement stance even as healthcare industry participants continue to seek to overcome the effects of...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

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The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Dorsey & Whitney LLP

Minnesota Attorney General Notification of Health Care Transactions

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On May 26, 2023, the Governor of Minnesota signed into law Minnesota bill HF 402 to increase government oversight of health care transactions that occur in Minnesota or involve Minnesota-based health care entities. Minnesota...more

WilmerHale

Highway to the Danger Zone: DOJ Withdraws Safety Zone Guidance for Healthcare Industry

WilmerHale on

The Department of Justice Antitrust Division (DOJ) recently withdrew three sets of policy statements regarding the US antitrust agencies’ enforcement approach to conduct in the healthcare industry. These policy statements...more

Faegre Drinker Biddle & Reath LLP

DOJ Withdraws Health Care Antitrust Statements: What’s Next for the Health Care Industry?

On Friday, February 3, 2023, the Justice Department’s Antitrust Division formally withdrew three antitrust policy statements relating to the Division’s enforcement of the antitrust laws in health care markets and for health...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q3 2022

Goodwin on

Summary - ..The FTC and DOJ suffered twin setbacks in the healthcare space. In both UnitedHealth/Change and Illumina/Grail, the agencies’ reliance on more novel theories of harm failed to convince skeptical judges. ...more

Stevens & Lee

COPA-Like Agreements in Pennsylvania and COPA Rules in Neighboring States

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In the first part of this article, we discussed the Federal Trade Commission’s (“FTC”) recently issued staff policy paper strongly urging states to avoid using Certificates of Public Advantage (“COPA”) which seek to immunize...more

Dorsey & Whitney LLP

American Health Law Association 2022 Health Care Transaction Conference

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After a 2-year hiatus, health care transactional attorneys and related industry professionals descended upon Nashville, TN April 25th - 27th for the 2022 American Health Law Association (“AHLA”) Health Care Transactions...more

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