Healthcare and the Evolving Antitrust Landscape: Increased Scrutiny of Information Exchanges, Collaborations, Mergers
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide healthcare counsel on the changing landscape for antitrust enforcement in the healthcare sector. Our panelists will discuss the aftermath of the Federal Trade Commission’s (FTC) and Department of Justice Antitrust Division's (DOJ) 2023 withdrawal from long-standing antitrust policy statements related to enforcement in healthcare, as well as current hot button antitrust enforcement topics relevant to the healthcare industry, including heightened hostility toward private equity in healthcare, the FTC and DOJ’s new Merger Guidelines, increased enforcement and reporting obligations at the state level, and other enforcement and policy updates. Experienced counsel will discuss best practices for navigating collaborations and transactions after the end of the antitrust safe harbors and in the current environment.
Outline
- Information sharing and benchmarking enforcement one year after the withdrawal
- Heightened scrutiny of private equity investment in healthcare
- The FTC and DOJ’s New Merger Guidelines as applicable to healthcare transactions
- Antitrust enforcement in the healthcare sector
- Increased state level antitrust oversight of healthcare transactions
- Legislative and agency policy efforts
Benefits
You will hear about the most recent trends and learn how to address key issues, including:
- What do healthcare counsel need to know to set expectations within their organizations?
- How can healthcare organizations navigate the current enforcement landscape to ensure successful collaborations and transactions in the healthcare industry?
- What steps should healthcare companies and their counsel take to ensure antitrust compliance?
Faculty
Lauren N. Donahue
Partner
K&L Gates
Ms. Donahue practices in the firm’s antitrust, competition and trade regulation and investigations, enforcement... | Read More
Ms. Donahue practices in the firm’s antitrust, competition and trade regulation and investigations, enforcement and white collar practice groups. She focuses her practice on domestic and international internal investigations, corporate criminal defense, complex commercial litigation, and antitrust counseling. Ms. Donahue has extensive experience representing clients in international and domestic cartel and fraud investigations and related class actions. Her cases involve a wide range of issues, including price-fixing, market allocation, bid-rigging, no-poach agreements, monopolization, fraud, unfair competition and other restraints of trade. Ms. Donahue has conducted numerous domestic and global internal investigations for major corporations across a variety of industries. She regularly defends corporations and individuals who are subjects of federal and state grand jury subpoenas, cross-border investigations and enforcement proceedings.
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John R. Ingrassia
Partner
Proskauer Rose
Mr. Ingrassia advises on the full range of antitrust matters in diverse industries, including chemicals,... | Read More
Mr. Ingrassia advises on the full range of antitrust matters in diverse industries, including chemicals, pharmaceutical, medical devices, telecommunications, financial services and health care, among others. His practice focuses on the analysis and resolution of antitrust issues related to mergers, acquisitions, and joint ventures, and the analysis and assessment of pre-merger notification requirements. Mr. Ingrassia has extensive experience with the legal, practical, and technical requirements of merger clearance and is regularly invited to participate in Federal Trade Commission and bar association meetings regarding Hart-Scott-Rodino practice issues.
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Gerald A. Stein
Partner
Davis Wright Tremaine
Mr. Stein’s comprehensive career as an antitrust litigator and as a former attorney with the Bureau of... | Read More
Mr. Stein’s comprehensive career as an antitrust litigator and as a former attorney with the Bureau of Competition at the FTC enables him to represent and counsel clients in a full array of antitrust matters including federal and state litigation, class action and multidistrict litigation, and federal and state antitrust enforcement proceedings in all industries. He also provides strategic antitrust merger and acquisition analysis, counseling, and compliance, and represents clients as targets or non-party witnesses in federal and state government investigations and proceedings. Mr. Stein has represented major corporations in all aspects of commercial litigation and private antitrust actions involving alleged violations of Sherman Act Sections 1 and 2 regarding claims of price fixing, monopolization, boycotts, refusals to deal, and unfair and deceptive trade practices in various industries. In addition to his litigation practice, Mr. Stein counsels and represents major companies with respect to antitrust compliance and transactional work in a wide variety of industries including hospital systems, physician practice groups, and medical devices.
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