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ARTICLE · 14 MAY 2012

Essential Health Transaction Planning For Providers In Today’s Antitrust Enforcement Climate

Federal antitrust enforcement agencies continue to challenge transactions in the health industry that they view as anticompetitive.

United StatesAntitrust/Competition Law

Federal antitrust enforcement agencies continue to challenge transactions in the health industry that they view as anticompetitive. This newsletter provides an update on recent public comments by government officials overseeing antitrust enforcement in the health industry and outlines some of the key steps that parties to certain types of transactions with potential competitive implications in the health industry should take to position themselves for defending against a government review.

Health Antitrust Enforcement Update

On May 3 and 4, 2012, representatives from the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) (collectively, Agencies) gathered at the bi-annual Antitrust in Healthcare Conference (Conference) co-sponsored by the American Bar Association and the American Health Lawyers Association. Collectively, they confirmed the Agencies' commitment to antitrust enforcement in the health care industry.

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