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Healthcare and the Evolving Antitrust Landscape: Increased Scrutiny of Information Exchanges, Collaborations, Mergers

Recording of a 90-minute CLE video 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 Wednesday, May 8, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will guide healthcare counsel on the changing landscape for antitrust enforcement in the healthcare sector. Our panelists will discuss the aftermath of the Federal Trade Commission’s (FTC) and Department of Justice Antitrust Division's (DOJ) 2023 withdrawal from long-standing antitrust policy statements related to enforcement in healthcare, as well as current hot button antitrust enforcement topics relevant to the healthcare industry, including heightened hostility toward private equity in healthcare, the FTC and DOJ’s new Merger Guidelines, increased enforcement and reporting obligations at the state level, and other enforcement and policy updates. Experienced counsel will discuss best practices for navigating collaborations and transactions after the end of the antitrust safe harbors and in the current environment.


In 2023, the FTC and DOJ withdrew three long-standing policy statements relating to enforcement in healthcare, characterizing them as "outdated" and "overly permissive" on subjects such as information sharing. These policies provided safety zones covering certain hospital mergers, joint ventures, collaborations between providers and physician networks, and more. This withdrawal created uncertainty for the healthcare industry and resulted in increased scrutiny of collaborations and transactions in the healthcare sector.

A lot has happened in the landscape for antitrust enforcement in the healthcare sector since the withdrawal, and scrutiny of healthcare collaborations and transactions has only increased at both the federal and state levels.

Listen as our expert panel of healthcare attorneys discusses the current landscape for antitrust enforcement in the healthcare sector.



  1. Information sharing and benchmarking enforcement one year after the withdrawal
  2. Heightened scrutiny of private equity investment in healthcare
  3. The FTC and DOJ’s New Merger Guidelines as applicable to healthcare transactions
  4. Antitrust enforcement in the healthcare sector
  5. Increased state level antitrust oversight of healthcare transactions
  6. Legislative and agency policy efforts


You will hear about the most recent trends and learn how to address key issues, including:

  • What do healthcare counsel need to know to set expectations within their organizations?
  • How can healthcare organizations navigate the current enforcement landscape to ensure successful collaborations and transactions in the healthcare industry?
  • What steps should healthcare companies and their counsel take to ensure antitrust compliance?


Donahue, Lauren
Lauren N. Donahue

K&L Gates

Ms. Donahue practices in the firm’s antitrust, competition and trade regulation and investigations, enforcement...  |  Read More

Ingrassia, John
John R. Ingrassia

Proskauer Rose

Mr. Ingrassia advises on the full range of antitrust matters in diverse industries, including chemicals,...  |  Read More

Stein, Gerald
Gerald A. Stein

Davis Wright Tremaine

Mr. Stein’s comprehensive career as an antitrust litigator and as a former attorney with the Bureau of...  |  Read More

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