Private Equity Subject To Increased Antitrust Scrutiny From DOJ

Key Takeaways:

• Transactions involving private equity should expect to face antitrust concerns from the DOJ that go beyond the question of how many competitors will remain afterwards, even if the transactions do not trigger an HSR filing.
• Private equity firms should carefully, and immediately, review their existing board appointments and any future appointments to avoid illegal interlocking directorates.
• HSR filings may seem like a hassle, but the Foley Hoag team is dedicated to making it as easy as possible. Attracting unwanted and unnecessary antitrust scrutiny due to "filing deficiencies" can have significant consequences that are easily avoidable.

In his first public remarks as Deputy Assistant Attorney General of the United States Department of Justice Antitrust Division (DOJ), Andrew Forman announced that the DOJ is "thinking a lot about enhancing antitrust enforcement around a variety of issues surrounding private equity" especially in the health