Newsletters

06.22.23

DOJ Provides Guidance on Factors That Will Influence Future Bank Merger Reviews

In remarks before the Brookings Institution on June 20, 2023, Assistant United States Attorney General Jonathan Kanter provided detailed insights into the work by the Department of Justice’s Antitrust Division to implement President Biden’s 2021 Executive Order on Promoting Competition ...


05.26.22

What Growth Companies Should Know About The Newly-Broken FTC Deadlock

The latest appointment to the Federal Trade Commission could lead to greater antitrust enforcement in industries that President Biden previously identified in his 2021 executive order regarding competition.


02.09.21

Updated: HSR Thresholds Revised (and Lowered) and Early Terminations Suspended Pending Review

On February 1, 2021, the FTC announced revised notification thresholds for determining whether companies or other entities are required to provide notice to the federal antitrust agencies about a proposed transaction under the HSR Act of 1976, as amended.


09.02.20

Emerging Trends in the Delivery of Financial Services May Lead to Changes in Antitrust Analysis

On September 1, 2020, the Department of Justice’s Antitrust Division (the Division) announced that it is seeking public comment on whether revisions should be made to its 1995 Bank Merger Competitive Review Guidelines (the Banking Guidelines) or its competitive analysis of bank mergers more ...


12.19.18

DOJ Suit Over Steering Restrictions Ends in Settlement

On November 15, 2018, the Antitrust Division of the Department of Justice (DOJ) announced that it had settled its suit against Atrium Health over the imposition of “anti-steering” and “anti-transparency” restrictions in Atrium’s contracts with insurers.


12.19.18

FTC Steps Back From MA Hospital Mega-Merger

Late last month the Federal Trade Commission (FTC) closed its investigation of the proposed merger of several major healthcare institutions in eastern Massachusetts.


12.19.18

New Webinar: ACOs, IPAs, CINs, PHOs: Legal Issues Behind the Acronyms

What’s in a name? There is considerable overlap in the nature and goals of the “alphabet soup” of network structures—Accountable Care Organizations (ACOs), Independent Practice Associations (IPAs), Clinically Integrated Networks (CINs) and Physician Hospital Organizations ...


10.23.18

Vertical Mergers: A Road Map for Success in Healthcare Consolidation

Over the last month, the Department of Justice Antitrust Division (DOJ) cleared Cigna Corp.’s $67 billion acquisition of Express Scripts Holding Co. with no conditions and CVS Health Corp.’s $69 billion merger with Aetna Inc. with the divestiture of Aetna’s Part D prescription ...


10.10.18

Card Networks and Merchants Reach New Settlement Terms

Will the second time be the charm? Two credit card networks and merchants representing the class suing them reached a revised agreement to put an end to a 13-year-old antitrust class action concerning the interchange fees merchants must pay and the card network rules imposed on merchants.  


09.25.18

Third Circuit Revives Antitrust Claim Against Blues

A recent Third Circuit decision highlights the potential pitfalls of policy-setting by associations made up of competing entities.