Archives: Merger

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Will the FTC Investigate My Provider Healthcare Transaction?

A recent article in the Antitrust Law Journal, “A Survey of Evidence Leading to Second Requests at the FTC,” by Darren S. Tucker, an attorney advisor to a FTC Commissioner who reviewed non-public information on the decisions to investigate proposed transactions for the period August 2008 to August 2012, sheds light on the types of … Continue Reading

FTC Seeks to Undo Another Small, Completed Transaction

This week, the FTC announced a proposed consent agreement to alter another completed transaction that was too small to be reported under the Hart-Scott-Rodino Act (“HSR Act”). The FTC’s complaint alleged that Solera Holdings Inc. and Actual Systems of America, Inc., through their subsidiaries, were competing providers of yard management systems software (“YMS”) used by automotive recycling … Continue Reading

Are Consummated Hospital and Physician Mergers Now in the FTC’s Crosshairs?

“The past is never dead. It’s not even past.”* Speaking at an American Bar Association symposium titled “Retrospective Analysis of Agency Determinations in Merger Transactions,” Federal Trade Commission (“FTC”) Chairwoman, Edith Ramirez, highlighted the FTC’s successful track record challenging transactions, but also noted “growing concern” that hospital acquisitions of physician groups are having a negative … Continue Reading

Buyer Beware: Increase in HSR Thresholds Does Not Mean Your Non-Reportable Transaction is Safe

The purpose of the Hart-Scott-Rodino Act (“HSR Act”) Act is to preserve the agencies’ ability to investigate competitive consequences of a transaction before closing, provide an opportunity to obtain an effective remedy, and reduce the likelihood that competition will be reduced during the HSR waiting period.  Even if there is no competitive overlap, the HSR … Continue Reading

Burn Before Reading: Hot Documents and Antitrust Claims

Antitrust law and economics seem like dark arts to outsiders, an impression that antitrust lawyers are none too eager to dispel.  But everyone can appreciate a smoking gun document that seems to brand its author as a hardened violator of the antitrust laws.  Consider the memorandum written by a large waste-disposal company about a small … Continue Reading
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