Articles and Blogs

Earlier this month, the Federal Trade Commission (“FTC”) withdrew its complaint challenging the IQVIA and Propel Media merger after the parties announced their intent to abandon the deal. The decision comes after the FTC successfully secured a preliminary injunction in the District Court for the Southern District of New York (“the Court”) in January.... READ MORE

On June 27, 2023, the Federal Trade Commission (“FTC”), in concurrence with the Antitrust Division of the Department of Justice (“DOJ”), announced plans to publish a 133-page Notice of Proposed Rulemaking (“Notice”) to amend and overhaul the Hart-Scott-Rodino Form and Instructions. The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, requires all persons contemplating... READ MORE

Background In a press release dated February 3, 2023, the Department of Justice’s Antitrust Division (“DOJ”) announced the withdrawal of three important policy statements that health systems and providers have relied upon for decades in ordering operations, setting internal protocols, and conducting diligence during transactions. The three policy statements include, Department of Justice and... READ MORE

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file a premerger notification (an “HSR Filing”) with the Federal Trade Commission (“FTC”) Premerger Notification Office and Department of Justice (“DOJ”) Antitrust Division and to... READ MORE

Recently, a Hudson County, New Jersey-based health system (“Plaintiff”) filed a complaint in the United States District Court for the District of New Jersey alleging a conspiracy, in violation of the Sherman Act, § 2, between multiple parties to monopolize the general acute care hospital services market in Hudson County, New Jersey. Of note,... READ MORE

Health care is always a high priority for the Department of Justice Antitrust Division (“DOJ”)  and the Federal Trade Commission (“FTC”). The emphasis on antitrust compliance within the health care industry was recently reiterated by Andrew Forman, a Deputy Assistant Attorney General at the DOJ. Specifically, at the American Bar Association’s Antitrust in Healthcare... READ MORE

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file a premerger notification (an “HSR Filing”) with the Federal Trade Commission (“FTC”) Premerger Notification Office and Department of Justice (“DOJ”) Antitrust Division and to... READ MORE

Mergers and acquisitions in the health care industry present unique challenges that are not often present when undertaking similar transactions in other industries. Because of health care’s highly regulated nature, parties may falter if a health care transaction is not reviewed and negotiated carefully with respect to the distinct concerns that health care presents. ... READ MORE

On June 30, 2020,  the Antitrust Division of the Department of Justice (“DOJ”), along with the Federal Trade Commission (“FTC”) issued a finalized version of their new Vertical Merger Guidelines (the “Guidelines”). The Guidelines do not institute many significant changes to the enforcer’s approach to analyzing vertical mergers but rather attempt to memorialize the... READ MORE

On April 30, 2020, the Antitrust Division of the U.S. Department of Justice (the “DOJ”) announced its first criminal felony charge in an ongoing probe of the Florida cancer treatment industry. The DOJ alleged that from 1999 to 2016, Florida Cancer Specialists & Research Institute, LLC (“FCS”) and unnamed co-conspirators conspired to allocate the... READ MORE