By: John Carroll & Rachel Guy (Antitrust Law Blog/Sheppard Mullin)
Representing a sizable portion of the American economy, few industries in the United States have received more attention from the press, legislators, and antitrust agencies than the healthcare industry—particularly in recent years. Recent developments at the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) reaffirm that healthcare remains a top antitrust enforcement priorities in the United States.
FTC Chair Lina Khan recently remarked that the agency remains “committed to challenging unlawful deals…in critical sectors of the economy,” including healthcare. Khan’s commitment is tangible in the agency’s recent actions: of the six mergers the FTC has sued to block thus far in 2022, three are in the healthcare industry. Among them is the proposed acquisition of an independent New Jersey hospital by one of the largest hospital systems in the state, which the FTC alleged would—among other harms—leave consumers in New Brunswick with a sole provider.
Both the FTC and DOJ also recently affirmed their commitment to rooting out unilateral anticompetitive behavior among healthcare players. At the ABA’s 2022 Antitrust in Healthcare Conference, Deputy Assistant Attorney General Andrew Forman announced that the division now views Section 2 enforcement as a top priority, citing the significant “cost, delay, and burden” that unscrupulous unilateral actors can impose on healthcare consumers…
Featured News
BHP Unveils £31bn Mining Megamerger Proposal with Anglo American
Apr 25, 2024 by
nhoch@pymnts.com
ByteDance Prefers Shutdown Over Sale of TikTok Amid US Ban Threats
Apr 25, 2024 by
CPI
FCC Votes to Restore Net Neutrality Rules
Apr 25, 2024 by
nhoch@pymnts.com
Apple Rejects Spotify’s Updated App Over In-App Pricing Disclosure
Apr 25, 2024 by
CPI
FCC Set to Reinstate Net Neutrality Rules Today
Apr 25, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI