June 27, 2022

Volume XII, Number 178

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June 27, 2022

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June 24, 2022

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FTC and DOJ to Hold Listening Forums on Merger Experience

As part of their initiative to reevaluate both the 2010 Horizontal Merger Guidelines and the 2020 Vertical Merger Guidelines (collectively, “Merger Guidelines”), the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) are holding listening sessions to hear “from those who have experienced firsthand the effects of mergers and acquisitions beyond antitrust experts. . . .” The listening session on health care is scheduled for April 14, 2022.

Additionally, the FTC and DOJ extended until April 21, 2022, the deadline for public comments on their initiative to modernize the Merger Guidelines. Comments that have already been submitted can be reviewed here. While the comments submitted include some from antitrust experts, there are a number of comments from others that focus on health care issues. All of this is occurring when the FTC is still operating with only four Commissioners.

Of note, two of those Commissioners previously issued a statement commenting on the fact that much of the legal authority cited in the Request for Information on Merger Enforcement is “nearly or more than half a century old” and noting that proposed revisions to the Merger Guidelines “should be considered in light of antitrust jurisprudence and must reflect legal precedent.”

©2022 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XII, Number 83
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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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