Judge Dismisses FTC Case Against Welsh Carson But Enforcement Focus On Private Equity In Health Care Continues

On 13 May, a federal district court judge dismissed the Federal Trade Commission’s (FTC) antitrust case against private equity firm Welsh, Carson, Anderson & Stowe and affiliated entities (Welsh Carson). This matter has been closely watched as a barometer of courts’ willingness to accept the FTC’s theories of liability against private equity roll-ups. The FTC’s case alleged that Welsh Carson, along with its portfolio company, US Anesthesia Partners, Inc. (USAP), engaged in an anticompetitive roll-up strategy […]

By | May 23rd, 2024 ||

DOJ Announces Task Force Targeting Anti-Competitive Activities In Healthcare

Earlier this month the U.S. Department of Justice (DOJ) announced the formation of its Antitrust Division’s Task Force on Health Care Monopolies and Collusion (HCMC). The HCMC will investigate competition concerns in healthcare to identify targets for DOJ investigations and enforcement actions and to guide DOJ’s overall healthcare policies. The announcement provides little detail on the task force’s activities, but recent federal activity in this area, as well as the announcement’s focus on public input, […]

By | May 22nd, 2024 ||

Navigating The Antitrust Lines Between Collaboration And Collusion

Collaborations with competitors can create efficiency and spur innovation. Antitrust laws are intended to promote procompetitive collaborations, but carry the stick of large fines, bet-the-company litigation and even jail time when collaboration crosses antitrust’s line to collusion. Current antitrust scrutiny on consortia and collaborations in the healthcare, energy, food, fashion, retail and government contracting space make informal collaborations, information exchanges, and communications with direct competitors riskier than ever. This webinar will explore competition laws’ […]

By | May 21st, 2024 ||