Lexology January 17, 2024
Efforts by private plaintiffs and both federal and state governments to enforce the antitrust laws show no signs of slowing down in 2024. The Biden administration has consistently made antitrust enforcement in the health care sector a priority, and that was reflected in federal antitrust enforcers’ efforts to address allegedly anticompetitive conduct and mergers in 2023. Similarly, 2023 saw private antitrust plaintiffs pressing cases against allegedly dominant providers and payors. Finally, fourteen states (so far) have now enacted premerger filing and clearance statutes specifically governing even small health care transactions. These developments, including new actions filed at the end of 2023, will continue into 2024 and hold implications for managed care entities.
Key takeaways
- Consolidation by providers and managed...