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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, October 2, 2012

Recorded event now available

or call 1-800-926-7926

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.


Mergers of hospitals and other healthcare organizations have reached an all-time high, bringing a wave of antitrust scrutiny and investigations by the Federal Trade Commission and the Department of Justice.

Regulatory scrutiny is focusing on whether some mergers would increase costs to the consumer, reduce quality, and decrease the range of healthcare choices available. Healthcare providers argue that consolidation is the best way to meet the mandates of the Affordable Care Act.

Official guidance outlines regulatory safety zones and indicates the characteristics most likely to trigger government investigations. Nonetheless, the complexity and factual specificity inherent in hospital mergers ensure future investigations and legal challenges.

Listen as our experienced panel of antitrust attorneys reveals the latest antitrust risks affecting hospital mergers. The panel will review recent investigations, analyze official antitrust guidance and current problem areas, and identify best practices for counsel involved in prospective mergers.



  1. Recent FTC/DOJ investigations and legal challenges
    1. OSF Healthcare System acquisition of Rockford Health System
    2. Pro Medicina Health System’s joinder with St. Luke’s Hospital
    3. Phoebe Putney acquisition of Palmyra
  2. Regulator guidance
    1. Safety zones
    2. Merger guidelines
  3. Best practices


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.


Miles, John
John J. Miles

Ober | Kaler

Mr. Miles primarily represents firms in the healthcare sector, particularly hospitals, health systems, hospital...  |  Read More

Mary K. Marks
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

Michael S. McFalls
Michael S. McFalls

Ropes & Gray

He represents leading companies across a variety of industries, including life sciences, before the Federal Trade...  |  Read More

Leibenluft, Robert
Robert F. Leibenluft

Hogan Lovells US

Mr. Leibenluft's practice is devoted entirely to health and antitrust matters, including counseling and litigation...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Audio