Marc Schildkraut

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Are Hospital Acquisitions with COPA Authorization Exempt from HSR Pre-Merger Notification?

Photo of Marc SchildkrautBy Marc Schildkraut on Posted in Antitrust Compliance, Healthcare
The Federal Trade Commission (FTC or the Commission) has experienced multiple recent setbacks with respect to its regulatory authority. Now a new dispute raises questions about whether hospital acquisitions with Certificate of Public Advantage (“COPA”) authorization are exempt from Hart-Scott-Rodino Act pre-merger notification. Recent FTC Setbacks In AMG Capital Management v. FTC, the U.S. Supreme … Continue Reading

Hospital Mergers: The Future of COPA Immunity

Photo of Carl HittingerPhoto of Marc SchildkrautPhoto of Tyson HerroldBy Carl Hittinger, Marc Schildkraut and Tyson Herrold on Posted in FTC
In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse Health System, Inc. The FTC’s Public Comment advises the New York State Department of Health that the merger would harm competition, … Continue Reading

Baby Formula Shortage Subject of FTC Scrutiny

Photo of Carl HittingerPhoto of Julian PerlmanPhoto of Marc SchildkrautPhoto of Alyse StachPhoto of Victoria WeatherfordPhoto of BakerHostetlerBy Carl Hittinger, Julian Perlman, Marc Schildkraut, Alyse Stach, Victoria Weatherford and BakerHostetler on Posted in Food Industry, FTC
On May 23, 2022, the Federal Trade Commission (FTC), at the prompting of President Joe Biden, announced that it will launch a civil investigation into the ongoing shortage of baby formula throughout the country. The FTC is hoping to unearth the factors that have contributed to market consolidation in light of the pressing supply chain … Continue Reading
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