Mondaq April 3, 2021
The U.S. healthcare system has been undergoing significant changes since the passage of the Affordable Care Act in 2010, which helped precipitate a wave of hospital and healthcare system consolidation, as providers sought out ways to achieve scale to reduce costs and improve quality.
Over the same period of time, the U.S. Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (DOJ) continued to closely scrutinize provider transactions. The FTC in particular reinvigorated its hospital merger enforcement in the early 2000s and successfully challenged a number of hospital mergers in court, losing only once recent challenge in court in nearly two decades.
In 2020, the healthcare industry grappled with the COVID-19 pandemic and faced extraordinary challenges, not only with...
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