August 2, 2021

Volume XI, Number 214

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July 30, 2021

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FTC’s Retrospective Study of Health Care Facility and Physician Group Mergers

On January 14, 2021, the Federal Trade Commission (“FTC”) announced that it was launching a study to examine the impact of health care facility and physician group mergers. Accordingly, the FTC stated that it had requested information from six health insurance companies. The information requested includes very detailed claims data for hospitals, outpatient facilities, and physicians and mid-level providers. According to the sample order, insurers must provide the requested information no later than April 20, 2021.

The study is part of the FTC’s initiative to “revamp its merger retrospective program.” The purpose of this particular initiative is to encourage economists (both inside and outside the FTC) to conduct retrospective studies in order to develop and test analytical tools. Indeed, it was a retrospective study that led the FTC economists to employ the current diversion analysis when evaluating hospital mergers. While this new initiative was started under now-former Chairman Joseph Simons’ tenure, it appears to be moving forward with the current Commissioners.

©2021 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XI, Number 42
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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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