Antitrust Challenges in Hospital Mergers
Navigating FTC-DOJ Guidance and Regulatory Actions Given Conflict Between ACA Efficiency Mandates and FTC Pro-Competition Oversight
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide antitrust counsel with a review of recent government scrutiny amidst an unprecedented wave of hospital mergers. The panel will analyze regulator investigation trends and official antitrust guidance and outline best practices to prepare counsel to structure deals for the current environment.
Outline
- Recent FTC/DOJ investigations and legal challenges
- OSF Healthcare System acquisition of Rockford Health System
- Pro Medicina Health System’s joinder with St. Luke’s Hospital
- Phoebe Putney acquisition of Palmyra
- Regulator guidance
- Safety zones
- Merger guidelines
- Best practices
Benefits
The panel will review these and other key questions:
- What are the characteristics of hospital merger projects that have led to legal challenges from regulators?
- What aspects of a merger are likely to be covered in the official safety zone guidelines—and what aspects present the most risks?
- What are the best practices for antitrust counsel to follow when advising a healthcare provider client on a potential merger?
- What lessons can be learned from how the FTC and DOJ have treated recent healthcare mergers?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
John J. Miles
Principal
Ober | Kaler
Mr. Miles primarily represents firms in the healthcare sector, particularly hospitals, health systems, hospital... | Read More
Mr. Miles primarily represents firms in the healthcare sector, particularly hospitals, health systems, hospital networks, large physician practices and physician networks. His practice focuses on antitrust counseling and on representing parties in private treble-damage litigation and governmental investigations by the Antitrust Division of the Department of Justice and by the Federal Trade Commission.
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Mary K. Marks
Of Counsel
Greenberg Traurig
She practices in the areas of antitrust and competition counseling, with a focus on complying with and obtaining... | Read More
She practices in the areas of antitrust and competition counseling, with a focus on complying with and obtaining clearance under the Hart-Scott-Rodino Act and global merger control and foreign investment laws for U.S. and multinational acquisitions, divestitures and joint ventures. She advises transaction parties with respect to permissible pre-clearance and pre-closing activities.
CloseMichael S. McFalls
Partner
Ropes & Gray
He represents leading companies across a variety of industries, including life sciences, before the Federal Trade... | Read More
He represents leading companies across a variety of industries, including life sciences, before the Federal Trade Commission and Department of Justice in antitrust investigations and litigation. He has worked on some of the most challenging mergers and acquisitions in the antitrust world, and has FTC experience as an attorney-advisor to Chairman Robert Pitofsky.
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Robert F. Leibenluft
Partner
Hogan Lovells US
Mr. Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation... | Read More
Mr. Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation regarding antitrust issues involving hospitals, physicians, and health plans. He has worked as an attorney advisor in the FTC's Office of Policy Planning, concentrating on health and antitrust matters, and as Assistant Director for Health Care in the FTC's Bureau of Competition.
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