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ARTICLE · 09 NOVEMBER 2017

Recent Developments In Antitrust Scrutiny Of Healthcare-Provider Transactions

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals.

United StatesAntitrust/Competition Law

David Kully is a Partner for Holland & Knight's Washington, D.C. office.

Jerome Hoffman is a Partner for Holland & Knight's Jacksonville office

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the attention of antitrust authorities.

North Dakota

On June 23, 2017, the FTC and the North Dakota Attorney General jointly sued to block the merger of two physician practices, Sanford Bismarck and Mid-Dakota Clinic, P.C., the largest physician groups in Bismarck and Mandan, North Dakota. The FTC and the State of North Dakota allege that the two groups have a combined share (based on physician headcount) of at least 75 percent of each of the markets for adult primary care physician services, pediatric services, and obstetrics and gynecology services, and 100 percent of the market for general surgery

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