Healthcare DIVE July 18, 2023
Rebecca Pifer

The decision removes a guidepost for hospitals looking to consolidate without attracting the ire of regulators.

Dive Brief:

  • The Federal Trade Commission on Friday withdrew two antitrust policy statements on merger enforcement in healthcare markets, arguing they’re outdated and no longer reflect market realities.
  • The now-defunct statements were not legally binding, but included language outlining when hospital and provider consolidation and partnerships were generally safe from antitrust scrutiny, including safe harbors for purchases of small hospitals.
  • Hospital groups slammed the FTC’s decision to rescind the guidance, though regulators said annulling the statements would help promote competition. The Department of Justice rolled back the same statements earlier this year.

Dive Insight:

The Clinton- and Obama-era policy statements outline circumstances...

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