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. Department of Justice (DOJ) Antitrust Division (collectively, the Agencies) are continuing to make good on their promise to increase scrutiny of mergers and acquisitions through newly proposed HSR rules and revised merger guidelines.Continue Reading Healthcare Industry Faces Heightened Antitrust Scrutiny Under New Merger Guidelines, HSR Rules
Wendy navigates complex antitrust and competition issues that arise during mergers, acquisitions and collaborations between competitors in a variety of industries. A seasoned attorney, Wendy understands and enjoys handling complex antitrust and competition issues. Businesses, trade associations and other organizations – particularly within healthcare and allied sectors – rely on Wendy’s unique experience. She has collaborated on some of the nation’s most significant recent healthcare antitrust matters, including FTC and State of Idaho v. St. Luke’s Health System, which addressed integration and consolidation of healthcare providers in the wake of the Affordable Care Act (ACA).
The U.S. Department of Justice’s recent criminal prosecutions of health care executives for no-poach and wage-fixing conspiracies have been met with not-guilty verdicts. Despite these losses, the Department continues to prosecute this conduct, and antitrust enforcers will continue to investigate human resources practices that may restrain competition.
Continue Reading Two Strikes for DOJ: Health Care Executives Not Guilty of Antitrust Conspiracies