Lexology August 28, 2024
Driven by a growing wave of enforcer skepticism toward further healthcare consolidation, some state legislatures have begun to propose “mini-HSR” laws explicitly targeting healthcare transactions involving private equity firms or sponsors.
Over the last few years, a growing number of states have proposed or enacted premerger notification laws scrutinizing healthcare transactions.[1] These “mini-HSR Acts” reflect efforts by states to identify, review, and potentially challenge transactions that might consolidate healthcare markets. At the same time, 11 attorneys general submitted a public comment to the US Department of Justice (DOJ) and Federal Trade Commission (FTC) expressing concerns about how private equity involvement in healthcare could increase costs, decrease quality, and reduce access to care.[2]
IMPACT ON PRIVATE EQUITY FROM EXISTING STATE MINI-HSR...
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