Consistent with the Biden Administration’s whole-of-government approach to address perceived consolidation in a variety of industries, including in the healthcare industry, the Federal Trade Commission (FTC) and U.S....more
On 3 February 2023 the Department of Justice (DOJ) announced that it is withdrawing from certain policy statements related to antitrust enforcement in healthcare. Specifically, DOJ is withdrawing “safe harbors” for...more
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
In March of this year the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more
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
During an already busy year for antitrust legislative and regulatory proposals, on July 9, 2021, President Biden issued Executive Order 14036: “Promoting Competition in the American Economy.” The Executive Order (“EO”)...more
On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more
This year has seen its fair share of change, and the same is true for antitrust laws impacting the health care industry. During this webinar, Bricker health care attorney Jeremy Morris will discuss recent antitrust...more
On February 27, 2020, the Federal Trade Commission (FTC) announced an action to block a proposed transaction between Thomas Jefferson University d/b/a Jefferson Health (Jefferson) and Albert Einstein Healthcare Network...more
Editor’s Note: In a new toolkit prepared for the Robert Wood Johnson Foundation, summarized below, Manatt Health helps insurance regulators understand the wide range of transparency and competition strategies available to...more
A new study published in the February 2019 issue of Health Affairs examined growth in hospital and physician services from 2007-14. The study focused on growth in prices for total inpatient care, total outpatient care, and...more
Section 8 of the 2010 Horizontal Merger Guidelines (issued jointly by the U.S. Department of Justice and the Federal Trade Commission) states that “the Agencies consider the possibility that powerful buyers may constrain the...more
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
The Federal Trade Commission (“FTC” or “Commission”) filed an administrative complaint last week challenging the proposed $1.9 billion merger of Steris Corporation (“Steris”) and Synergy Health plc (“Synergy”), charging that...more
This is the fourth in a six-part series discussing the Federal Trade Commission's challenges to provider mergers. Following the initial Introduction and Background (Part 1), the series discusses The Need for Early Legal...more