Articles and Blogs

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

On December 18, 2023, the Federal Trade Commission and the Antitrust Division of the Department of Justice (together, the “Agencies”) released their finalized Merger Guidelines (the “Final Guidelines”). The Final Guidelines contain updates to the draft merger guidelines (the “Proposed Guidelines”) that the Agencies released in July 2023. The Final Guidelines are a significant... READ MORE

With yet another criminal wage-fixing indictment filed this week, the Antitrust Division of the Department of Justice (“DOJ”) signaled its continued commitment to prosecuting anticompetitive conduct affecting the U.S. labor markets, including within the health care industry. On March 16, a federal grand jury returned an indictment that charges a health care staffing executive... READ MORE

*Updated on April 23, 2024. The Federal Trade Commission (“FTC”) has announced their intent to vote on a final rule that would ban most employers from entering into or enforcing noncompetes against workers and would require employers to rescind existing non-competes. The vote is planned during a special Open Commission Meeting on Tuesday, April... 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

*Updated on April 23, 2024. The Federal Trade Commission (“FTC”) has announced their intent to vote on a final rule that would ban most employers from entering into or enforcing noncompetes against workers and would require employers to rescind existing non-competes. The vote is planned during a special Open Commission Meeting on Tuesday, April 23 at... 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

On September 28, 2021, the Federal Trade Commission (“FTC”) announced changes to its merger review process designed to increase the rigor of the review and “streamline” (in the FTC’s words) the interactions between the merging parties and the FTC. The announced changes will expand the potential topics covered during investigations, while also standardizing the... READ MORE

President Biden recently issued an Executive Order on Promoting Competition in the American Economy (the “Executive Order”). Directed at addressing competition in numerous industries and markets, including the health care and labor markets, the Executive Order includes 72 initiatives directed at more than a dozen federal agencies that will focus on removing barriers 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