St. Lukes: State and Federal Enforcement in Non-Reportable HSR Transactions
2 PM EST
Recent enforcement actions in the health care industry demonstrate the antitrust agencies are scrutinizing transactions that fall outside of the HSR reporting requirements. Notably, state enforcers have taken a prominent role in these investigations. In some cases, such as the St. Luke’s transaction recently addressed by the Ninth Circuit, federal and state enforcers seem to have worked very closely together. Facing such investigations, parties to non-reportable transactions need to assess the transaction’s impact on competition beforehand, applying the likely structural arguments enforcers will review and asking the increasingly prominent question, “Can the pro-competitive synergies and efficiencies be realized by something less than an acquisition?” The panel will look at the issues through the lens of recent hospital transactions and enforcement cases.
Topics will include:
*Does the local impact of healthcare transactions lead them to be more likely to draw the attention of state enforcers?
*Does recent antitrust enforcement of healthcare transactions indicate a policy shift favoring non-permanent alliances over merger?
*Is it all about geographic market? If so, what are the impacts for networks that cross geographic and product market boundaries?
*Should parties and their advisors spend more time and effort up front to quantify merger-specific efficiencies such as disease management cost reductions and improvements in patient outcomes or population health measures?
*How can parties demonstrate that there are no less restrictive alternatives or that those options yield quantifiably reduced efficiencies?
Katherine I. Funk, Crowell & Moring LLP
*Tasneem Chipty, Managing Principle Analysis Group
*Brett DeLange, Consumer Protection Division, Office of the Attorney General of Idaho
*Michael Perry, Bureau of Competition, Federal Trade Commission
*Eric Stock, Antitrust Bureau, Office of the Attorney General of New York
FREE: Antitrust Section Members, Government, Non Profit Employees and Students
$25.00: Other Non Members
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