October 24, 2020

Volume X, Number 298

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FTC Moves to Revamp and Increase Merger Retrospective Reviews

On September 17, 2020, the Federal Trade Commission (“FTC”) announced efforts to revamp and increase its retrospective research efforts. This retrospective analysis, which has been a continuing project for the FTC, “seeks to determine, after the fact, whether a merger has affected competition in one or more of the markets impacted by the merger.” Among other things, the FTC seeks to use this increased effort to “evaluat[e] the tools which may be used to screen and assess the competitive effects of mergers, such as the ‘price pressure’ measures that have been proposed for evaluation of horizontal mergers, vertical mergers, and full-fledged merger simulation . . . .”

According to FTC Chairman Joseph Simmons, “[t]he goal of this initiative is to encourage economists both inside and outside the agency to carry out more retrospective studies to test our analytical tools and strengthen our enforcement efforts.” However, based on the fact that the FTC has under retrospective review two hospital mergers that received state regulatory approval under Certificate of Public Advantage programs, another unstated but apparent goal of this initiative is to obtain information for purposes of persuading state legislatures to abandon such state regulatory programs.

©2020 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume X, Number 275
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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 Justice, and state antitrust authorities 

Advising clients on issues related HIPAA Privacy and security

Advising clients on issues related to state licensure and regulatory requirements

202-861-4182
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