Merger Enforcement in the Healthcare Sector: A Deep Dive

Litigation and Agency Actions With Hospital, Provider, and Plan Consolidations

A live 90-minute CLE video webinar with interactive Q&A


Tuesday, May 18, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, April 23, 2021

or call 1-800-926-7926

This CLE webinar will guide counsel to healthcare entities on mergers, taking a deep dive into agency enforcement actions and litigation dealing with the hospital, provider, and plan consolidation. The panel will discuss transactions in the healthcare space and related antitrust issues that vertically integrated entities need to consider.

Description

Policing hospital mergers is a top enforcement priority, even during the pandemic. The Federal Trade Commission (FTC), Antitrust Division of the Department of Justice (DOJ), and state enforcers investigate hospital transactions and seek to block those that are viewed as anticompetitive. In addition to transactions combining competing providers, agencies are increasingly investigating transactions that present vertical issues, for example provider and plan combinations.

In 2020 alone, the FTC litigated one hospital merger and sued to block two others. The DOJ also challenged a partial acquisition of two hospitals and reached a settlement in early 2021. After losing a hospital merger challenge for the first time in over 20 years, the FTC abandoned its appeal to a ruling out of the Eastern District of Pennsylvania that favored Thomas Jefferson University and Einstein Health Network in their quest to merge.

In addition to federal enforcement, states have also been active in seeking to investigate and block mergers and stop other anticompetitive conduct. Counsel to hospitals, healthcare providers, and plans must stay on top of enforcement priorities of the agencies and states.

Listen as our authoritative panel of healthcare and antitrust attorneys takes a deep dive into agency enforcement actions and litigation dealing with the hospital and provider consolidation. The panel will discuss litigation in the healthcare space and related antitrust issues that vertically integrated entities need to consider.

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Outline

  1. Brief overview of transactions and consolidation in healthcare
  2. Federal and state enforcement actions
  3. Recent litigation
  4. Antitrust considerations
  5. Best practices

Benefits

The speakers will review these and other noteworthy issues:

  • What are the lessons from recent FTC merger litigation in Philadelphia?
  • What considerations should counsel keep in mind when working on mergers in the healthcare sector?
  • What are best practices for antitrust compliance in hospital, provider, and plan consolidation?

Faculty

Bernick, Justin
Justin W. Bernick

Partner
Hogan Lovells US

Mr. Bernick's practice focuses on antitrust litigation and other complex commercial litigation, including class...  |  Read More

Oliver, Leigh
Leigh L. Oliver

Partner
Hogan Lovells US

Ms. Oliver's practice is devoted to antitrust law, including counseling and litigation on a wide range of legal and...  |  Read More

Attend on May 18

Early Discount (through 04/23/21)

Cannot Attend May 18?

Early Discount (through 04/23/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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

CLE On-Demand Video

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