September 28, 2021

Volume XI, Number 271

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September 27, 2021

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Focus on Antitrust in Health Care Transactions

On May 19, 2021, the Senate Subcommittee on Competition Policy, Antitrust, and Consumer Rights of the Committee of the Judiciary held a hearing on Antitrust Applied: Hospital Consolidation Concerns and Solutions. The subcommittee heard testimony from a health care economist, a patient, a union leader, a physician, a policy advisor, and the chair of the American Hospital Association. Their testimony was wide-ranging and diverse, but the hearing itself emphasized an increased governmental focus on health care and hospital transactions in particular. In that regard, multiple witnesses noted the need for increased funding and resources for the Federal Trade Commission’s hospital merger staff, with one noting that, in his opinion, the staff “regularly pass on transactions due to lack of staffing.”

This hearing follows on the heels of the Federal Trade Commission’s January-announced study to examine the impact of health care facility and physician group mergers, and on the annual review that showed a continued focus on reviewing health care transactions. It is reasonable to assume that hospital mergers and other health care transactions will continue to receive a high level of scrutiny in the foreseeable future.

©2021 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 161
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About this Author

John Steren, Epstein Becker Law Firm, Health Care Litigation Attorney
Member

E. John Steren is a Member of the Firm in the Health Care & Life Sciences and Litigation & Business Disputes practices, in the Washington, DC, office of Epstein Becker Green. Mr. Steren devotes a significant portion of his practice to helping health care organizations manage the antitrust risks of joint ventures and other business arrangements. He also focuses his practice on other complex commercial and civil litigation matters.

202-861-1825
Patricia M. Wagner, Epstein becker green, health care, life sciences
Member

PATRICIA M. WAGNER is a Member of the Firm in the Health Care and Life Sciences and Litigation practices, in the firm's Washington, DC, office. In 2014, Ms. Wagner was selected to the Washington DC Super Lawyers list in the area of Health Care.

Ms. Wagner's experience includes the following:

Advising clients on a variety of matters related to federal and state antitrust issues 

Representing clients in antitrust matters in front of the Federal Trade Commission and the United States Department of...

202-861-4182
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