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Oct 11, 2024 | 
jdsupra.com | Lee Van Voorhis
On October 10, the Federal Trade Commission and the Antitrust Division of the Department of Justice issued the Final Rule amending the Premerger Notification Rules and propounding new Hart-Scott-Rodino (“HSR”) filing forms and instructions.1 Back in April, a government official said that the new Rule would come in “weeks, not months.” The delay – and seemingly many of the changes – may be due to the appointment of the two Republican FTC Commissioners in March.
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Oct 11, 2024 | 
natlawreview.com | Klaus Gottlieb |Lee Van Voorhis |David Vozza |Jacob H. Hupart
Skip to main content October 11, 2024 Volume XIV, Number 285 Legal Analysis. Expertly Written. Quickly Found.
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Jun 7, 2024 | 
jdsupra.com | Lee Van Voorhis
The imminent market exit of an acquisition target continues to be a defense to a suit to enjoin a proposed acquisition. It may not be necessary to meet the strict standards for proving a failing firm defense, at least in a preliminary injunction context, where balancing of the equities matters.
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Jun 6, 2024 | 
natlawreview.com | Lee Van Voorhis
The imminent market exit of an acquisition target continues to be a defense to a suit to enjoin a proposed acquisition. It may not be necessary to meet the strict standards for proving a failing firm defense, at least in a preliminary injunction context, where balancing of the equities matters.
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May 22, 2024 | 
jdsupra.com | Luke Cass |Matthew Hickman |Lee Van Voorhis
“The task force will identify and root out monopolies and collusive practices that increase costs, decrease quality and create single points of failure in the health care industry.”– Assistant Attorney General Jonathan KanterOn May 9, 2024, the Antitrust Division of the Department of Justice (DOJ) announced a new Task Force on Health Care Monopolies and Collusions (HCMC).
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May 21, 2024 | 
jdsupra.com | Ian Dickinson |Lee Van Voorhis
The FTC’s recent campaign against private equity roll-ups hit a stumbling block on May 13 as the United States District Court for the Southern District of Texas tossed out the Federal Trade Commission’s antitrust claims against private equity firm Welsh Carson Anderson & Stowe. The FTC filed its complaint in September 2023 against Welsh Carson and U.S. Anesthesia Partners, Inc., an anesthesia practice created by Welsh Carson to consolidate the Texas hospital anesthesia market.
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Mar 12, 2024 | 
jdsupra.com | Ian Dickinson |Lee Van Voorhis
On March 5, the FTC convened a workshop with regulators, academics and stakeholders to discuss the impact of private equity in the healthcare market. The workshop reflects the FTC and DOJ Antitrust Division’s recent focus on private equity and serial roll-up transactions more broadly as targets for antitrust enforcement.
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Dec 2, 2023 | 
natlawreview.com | Lee Van Voorhis
Skip to main content December 02, 2023 Volume XIII, Number 336 Legal Analysis. Expertly Written. Quickly Found. Trending News DOJ and FTC Propose New Merger Guidelines to Expand Merger Challenges Print Mail Download i The DOJ and FTC proposed new Horizontal Merger Guidelines, which are very different from previous versions. The proposed Guidelines are subject to public comment until September 18.
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Jul 20, 2023 | 
jdsupra.com | Lee Van Voorhis
Quick Hits The DOJ and FTC proposed new Horizontal Merger Guidelines, which are very different from previous versions. The proposed Guidelines are subject to public comment until September 18. If adopted after comment, far more mergers would be challenged. The proposed guidelines suggest challenging deals with much lower combined market shares and a far greater array of potential market effects.
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Feb 3, 2023 | 
jdsupra.com | Lee Van Voorhis
On January 5, the Federal Trade Commission caught the attention of employers across the country by issuing a Notice of Proposed Rulemaking (NPRM). The proposed rule would ban the vast majority of non-compete clauses used in the United States. The FTC estimates that approximately 30 million people in the U.S. are subject to non-compete clauses in employment contracts, so the rule, if it takes effect as written, would have major repercussions throughout the U.S. economy.
