April 16, 2021

Volume XI, Number 106

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FTC Annual Review Shows Focus on Health Care

On March 25, 2021, the Federal Trade Commission (“FTC”) released its 2020 Annual Highlights report. The report’s statistics  show that 46 percent of the Bureau of Competition’s enforcement actions related to the health care industry—that includes 25 percent relating to the pharmaceutical and medical device industries and 21 percent relating to “general” health care. Moreover, three of the FTC’s nine challenges to stop mergers concerned hospital transactions. 

The report states, “Using enforcement as its primary tool, the Commission has worked to stop anticompetitive mergers and conduct that might diminish competition in health care markets. One key enforcement strategy is to block mergers that would allow providers to raise rates or decrease quality for vital services.” The report also mentions the FTC’s focus on the resulting “labor market effects arising from mergers,” noting that “[h]ealth care workers and their patients benefit from robust competition for nursing services and health care industry mergers can threaten such competition.” Thus, the report makes clear that the FTC has a strong interest in competition enforcement in all aspects of the health care industry.

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©2021 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 98
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TRENDING LEGAL ANALYSIS

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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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