Health Affairs June 4, 2024
On September 21, 2023, the Federal Trade Commission (FTC) brought a noteworthy challenge in federal court against a large anesthesia provider group and the private equity (PE) firm that created and invested in the group. FTC argued that because the PE firm’s consolidation strategy allowed the provider to monopolize hospital anesthesia services, patients were left with the burden of paying higher prices for those services across Texas. On May 13, 2024, Judge Kenneth M. Hoyt dismissed the PE firm from the lawsuit but greenlit the claims against the provider.
This article lays out a brief background of FTC v. U.S. Anesthesia Partners. It provides highlights from Judge Hoyt’s decision on the motions to dismiss and offers takeaways for antitrust enforcement...