News & Analysis as of

Sherman Act Private Equity

Baker Botts L.L.P.

Antitrust Scrutiny of Investors Under a New Administration

Baker Botts L.L.P. on

Under the old guard of the prior administration, private equity was repeatedly under fire for alleged “flip and strip” tactics that were supposedly “at odds with competition.” Now, with new enforcers in place, a different...more

Proskauer Rose LLP

FTC Focus: Private Equity Investments In Healthcare

Proskauer Rose LLP on

U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare. On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

Ballard Spahr LLP

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

Ballard Spahr LLP on

Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more

Williams Mullen

Federal Trade Commission Targets Private Equity in Healthcare for Antitrust Enforcement

Williams Mullen on

The Federal Trade Commission (FTC) announced an action on September 21, 2023, against U.S. Anesthesia Partners, Inc. (USAP) and private equity group Welsh, Carson, Anderson & Stowe (WCAS), alleging that a series of...more

McDermott Will & Emery

Heard at the 2023 Spring Meeting: Part 1

The American Bar Association’s Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers and in-depth commentary on leading...more

Latham & Watkins LLP

PE Sponsor and Majority-Owned Portfolio Company Considered Single Entity Under the Sherman Act

Latham & Watkins LLP on

PE firms with non-competitor, majority-owned portfolio companies will face reduced risks of antitrust liability under Section 1 of the Sherman Act in the Eleventh Circuit. On May 24, 2022, the United States Court of...more

Wilson Sonsini Goodrich & Rosati

Private Equity in the Antitrust Spotlight

For at least the third time in recent months, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, "the agencies") have signaled increased scrutiny of the private equity industry,...more

Perkins Coie

Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

Perkins Coie on

The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a...more

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