Vertical Mergers in Healthcare: Implications of AT&T/Time Warner Decision
Guidance on How Regulators Will Review and Evaluate Consolidation; Overcoming Antitrust Hurdles
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide healthcare counsel on the implications of the AT&T/Time Warner decision on vertical mergers in the healthcare industry. The panel will examine what parties and their counsel must consider when putting together a healthcare deal and the antitrust hurdles they will need to overcome.
Outline
- Overview of DOJ’s theory of enforcement in AT&T/Time Warner decision
- Implications of the court’s AT&T/Time Warner decision
- What parties and their counsel must consider when involved in vertical healthcare transactions
- Hurdles to vertical consolidation
- Considerations of horizontal components of a vertical healthcare transaction
Benefits
The panel will review these and other relevant issues:
- What are the lessons from recent cases regarding a vertical transaction in healthcare?
- How will the enforcement agencies and courts deal with vertical mergers in healthcare going forward?
- What are the potential antitrust hurdles to overcome to get a vertical transaction done?
Faculty

Jeffrey W. Brennan
Partner
McDermott Will & Emery
Mr. Brennan focuses his practice on mergers, litigation, government investigations and counseling, with extensive... | Read More
Mr. Brennan focuses his practice on mergers, litigation, government investigations and counseling, with extensive experience across a broad range of industries, including the health care sector. He previously headed the FTC's Health Care Services and Products Division, where he was responsible for managing antitrust investigations, litigation, and policy initiatives focused on health care competition involving hospitals, medical professionals, group purchasing organizations, and pharmaceutical and medical device companies.
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James M. Burns
Partner, Healthcare Antitrust
Akerman
With extensive experience handling healthcare antitrust matters, Mr. Burns litigates antitrust and related claims in... | Read More
With extensive experience handling healthcare antitrust matters, Mr. Burns litigates antitrust and related claims in trial and appellate courts across the nation. He also represents clients, including numerous healthcare providers, insurers, and healthcare systems, before the Department of Justice Antitrust Division and the Federal Trade Commission on a wide variety of antitrust matters, including mergers and governmental investigations. Mr. Burns has authored numerous articles on various healthcare antitrust matters, and regularly speaks at professional and industry seminars.
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E. John Steren
Member
Epstein Becker & Green
Mr. Steren leverages his more than 30 years of healthcare antitrust and litigation experience to help healthcare... | Read More
Mr. Steren leverages his more than 30 years of healthcare antitrust and litigation experience to help healthcare clients manage the risks of joint ventures and other business arrangements and to defend them against government investigations and enforcement actions. He also provides counseling and litigation services to employers in connection with non-competition and pricing-related issues. Among Mr. Steren’s clients are large healthcare providers (or provider groups), such as hospitals and healthcare systems, physicians, ambulatory surgery center corporations, and other specialty care providers (e.g., chains of urological care or anesthesia providers). His clients also include large retail chains, commercial and residential lenders, and product manufacturers and distributors. A thought leader in the antitrust field, Mr. Steren speaks regularly and has authored numerous articles on antitrust issues affecting the healthcare industry.
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