Forbes December 7, 2022
The Federal Trade Commission has sued to block several proposed healthcare transactions this year and has claimed victory after these challenges resulted in abandonment of those deals. While each case is unique and based on its specific market facts, the core contention in each case is that consumers/patients would bear higher healthcare costs unless the transaction is stopped.
At the same time, both the FTC and DOJ Antitrust Division have made statements indicating that the lens through which they are evaluating antitrust cases is changing. For example, these agencies are looking for cases (including criminal) to bring against conduct that allegedly thwarts competition over the wages of healthcare workers, and the alleged influence of private equity in the space.
This...
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