Lexology September 13, 2023
Recent enforcement efforts by the DOJ and FTC show that the healthcare sector is under heightened scrutiny from US competition authorities. In 2021, the Biden administration issued an Executive Order on Promoting Competition in the American Economy, which directed federal agencies to take a number of steps to address perceived competitive harm occurring in the sector. Against this backdrop, here are the top four antitrust issues impacting the healthcare industry today.
#1: Heightened Scrutiny of Healthcare M&A
The Biden administration’s prioritization of competition enforcement in the healthcare sector can be seen in its approach to merger enforcement and policy. On merger challenges, the DOJ (unsuccessfully) attempted to block UnitedHealth’s acquisition of Change Healthcare, while the FTC’s efforts to unwind Illumina’s...