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Articles by Stephen Libowsky
Health Care Mergers, Antitrust, And The Trump Administration: Navigating A Shifting Enforcement Landscape
MP Manatt, Phelps & Phillips LLP More Manatt is a multidisciplinary, integrated national professional services firm known for quality and an extraordinary commitment to clients. We are keenly focused on specific industry sectors, providing legal and consulting capabilities at the very highest levels to achieve our clients’ business objectives. As the health care industry continues to consolidate, hospital systems and lawyers face an evolving state...
Dramatic Changes To The FTC And DOJ's HSR Act Premerger Filing Requirements Have Arrived
On February 10, 2025, the Federal Trade Commission and Antitrust Division's new premerger notification form and requirements under the Hart-Scott-Rodino Act (HSR Act) will go into effect, despite the pendency of a lawsuit attacking the new notification form and filing instructions.
DOJ Repeals 1995 Bank Merger Guidelines and Now Will Apply Its 2023 Merger Guidelines to Bank M&A | JD Supra
On September 17, 2024, the Antitrust Division of the United States Department of Justice (the “DOJ”) announced that it withdrew its 1995 Bank Merger Guidelines and instead, for purposes of evaluating the competitive impact of bank mergers, will rely on its 2023 Merger Guidelines, which apply to all industries.
Antitrust Risks When Hospitals Share Senior Leadership: A Rural Experience
Cecilie_Arcurs via Getty Images Collusion among rivals has long been considered the “supreme evil of antitrust.” It is not surprising, therefore, that antitrust scrutiny was applied to one hospital’s decision to employ the Chief Executive Officer of its only competing hospital while the CEO still remained employed by the competitor, without any effort to integrate the hospitals clinically or financially or any effort to implement effective screening measures to protect against the sharing of...
Unhealthy Alliance: Hospitals Sharing Senior Leadership Increases Antitrust Risk | JD Supra
Collusion among rivals has long been considered the “supreme evil of antitrust.” It is not surprising, therefore, that antitrust scrutiny was applied to one hospital’s decision to employ the Chief Executive Officer of its only competing hospital while the CEO still remained employed by the competitor, without any effort to integrate the hospitals clinically or financially or any effort to implement effective screening measures to protect against the sharing of competitively sensitive...
EXPERT INSIGHTS-PREPARING FOR THE FUTURE OF HEALTH CARE ANTITRUST SCRUTINY
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Preparing For The Future Of Health Care Antitrust Scrutiny
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting, and private funding are being scrutinized by the federal and state governments. Proper planning for any competitive initiative, including day-to-day decisions, is essential to avoid potential antitrust risks.
Preparing for the Future of Health Care Antitrust Scrutiny | JD Supra
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting, and private funding are being scrutinized by the federal and state governments. Proper planning for any competitive initiative, including day-to-day decisions, is essential to avoid potential antitrust risks.
[Webinar] Preparing for the Future of Health Care Antitrust Scrutiny - June 11th, 12:00 pm - 1:00 pm PST | JD Supra
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper planning for any competitive initiative, including day-to-day decisions, is essential to avoid potential antitrust risks.
NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division's Investigative Powers In Real Estate
In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ's 2021 investigation of the National Association of Realtors (NAR) and strengthened the Division's authority to reopen investigations.1 As a result, DOJ may continue to investigate broker compensation and listing practices in the real estate industry, and possibly bring additional enforcement actions that go further...
NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division’s Investigative Powers In Real Estate | JD Supra
In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National Association of Realtors (NAR) and strengthened the Division’s authority to reopen investigations.1 As a result, DOJ may continue to investigate broker compensation and listing practices in the real estate industry, and possibly bring additional enforcement actions that go further...
Hospital Acquisitions In Louisiana Avoid FTC Review, For Now - Antitrust, EU Competition - United States
More hospital acquisitions may seek to avoid premerger scrutiny of the Federal Trade Commission (FTC) under the HSR Act (or any antitrust inquiry ever) if a recent federal district court decision holds up and becomes settled law. On September 27, 2023, in Louisiana Children's Medical Center v.
Hospital Acquisitions in Louisiana Avoid FTC Review, for Now | JD Supra
More hospital acquisitions may seek to avoid premerger scrutiny of the Federal Trade Commission (FTC) under the HSR Act (or any antitrust inquiry ever) if a recent federal district court decision holds up and becomes settled law. On September 27, 2023, in Louisiana Children’s Medical Center v.
DOJ Provides Guidance On Factors That Will Influence Future Bank Merger Reviews
In remarks before the Brookings Institution on June 20, 2023, Assistant United States Attorney General (AAG) Jonathan Kanter provided detailed insights into the work by the Department of Justice's (DOJ) Antitrust Division to implement President Biden's 2021 Executive Order on Promoting Competition in the American Economy in the banking sector. In particular, AAG Kanter highlighted his Division's response to the executive directive to "revitalize" bank merger oversight for the 21st century.
DOJ Provides Guidance on Factors That Will Influence Future Bank Merger Reviews | JD Supra
In remarks before the Brookings Institution on June 20, 2023, Assistant United States Attorney General (AAG) Jonathan Kanter provided detailed insights into the work by the Department of Justice’s (DOJ) Antitrust Division to implement President Biden’s 2021 Executive Order on Promoting Competition in the American Economy in the banking sector. In particular, AAG Kanter highlighted his Division’s response to the executive directive to “revitalize” bank merger oversight for the 21st century.
Another Wage-Fixing Indictment (and Preventive Measures to Take) | JD Supra
On March 16, 2023, the U.S. Department of Justice announced another indictment of an individual, alleging price-fixing in the labor markets for health care services.
[Webinar] How to Navigate the Regulatory Trend to Ban and Criminalize Noncompetes - February 7th, 10:00 am - 11:00 am PT | JD Supra
February 7th, 2023 10:00 AM - 11:00 AM PT On the heels of the Federal Trade Commission’s (FTC) January 5, 2023 proposed rule banning noncompetes, Manatt’s antitrust and employment law attorneys will provide a comprehensive overview of the stepped-up efforts to tamp down the use of noncompetes and review other restrictions that limit employee mobility.
[Webinar] Antitrust and Health Care: What to Expect in 2022 - March 1st, 1:00 pm - 2:00 pm ET | JD Supra
March 1st, 2022 1:00 PM - 2:00 PM ET The big technology companies may be making headlines for antitrust scrutiny, but health care is also squarely in the crosshairs for heightened antitrust enforcement. The Federal Trade Commission (FTC) already devotes a substantial share of its resources to antitrust enforcement in health care.
[Webinar] Antitrust and Health Care: What to Expect in 2022 - February 3rd, 1:00 pm - 2:00 pm ET | JD Supra
February 3rd, 2022 1:00 PM - 2:00 PM ET The big technology companies may be making headlines for antitrust scrutiny, but health care is also squarely in the crosshairs for heightened antitrust enforcement. The Federal Trade Commission (FTC) already devotes a substantial share of its resources to antitrust enforcement in health care.
FTC revises Hart Scott Rodino thresholds for 2021 | JD Supra
On February 1, 2021, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for reporting transactions pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The new thresholds for HSR notification become effective on March 4, 2021.
Get Ready to Check Your Compliance Programs! Congress Approves Significant New Protections for Whistleblowers | JD Supra
Last week the U.S. Congress plugged a significant gap in existing federal whistleblower protection laws by passing the Criminal Antitrust Retaliation Act, which prohibits employers from retaliating against employees, contractors and agents that report potential violations of federal antitrust laws (Sections 1 and 3 of the Clayton Act) or of other criminal laws committed in conjunction with a violation of those antitrust laws.
FTC Revises Hart Scott Rodino Thresholds For 2020
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FTC revises Hart Scott Rodino thresholds for 2020 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New DOJ “strike force” targets bid riggers and antitrust violators involved in government procurements | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
"No-poaching” agreement takes center stage in class certification case against backdrop of heightened federal scrutiny | JD Supra
Now when the US Department of Justice (DOJ) is expected to bring its first criminal antitrust cases based on “no-poaching” agreements, a recent federal district court decision in Seaman v. Duke University1 highlights the private causes of action based on such agreements. The facts of the case further remind us of the Antitrust Guidance for Human Resource Professionals, issued by the DOJ and Federal Trade Commission (FTC), and how antitrust laws apply to the employment marketplace.
FTC testimony underscores agency's views on certificate-of-need laws and competition in health care markets
Staff from the Federal Trade Commission (FTC) appeared before the Alaska Senate Committee on Labor and Commerce on February 6, 2018, to present the FTC’s views on certificate-of-need (CON) laws and to support the repeal of such laws in Alaska. CON laws require specific state approval of the need for new facilities before health care providers can open facilities, expand facilities or services or make certain types of expenditures.
Federal Trade Commission revises Hart-Scott-Rodino thresholds for 2018
On January 26, 2018, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for reporting transactions pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The new thresholds for HSR notification become effective on February 28, 2018.
Federal Trade Commission revises Hart-Scott-Rodino thresholds for 2018
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China to amend the merger control regime
We thought you would be interested in learning about some recent developments in China's merger control rules. China launched its merger control regime in 2008 and based it on the European Union model. Those merger control laws will soon be amended. The Ministry of Commerce of the People's Republic of China (MOFCOM) recently provided Dentons' Competition and Antitrust team in China with a near-final draft of the new law. This new law is the 2017 priority of new Director General Wu Zhenguo.
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