Divestiture has long been considered an appropriate and effective remedy for anticompetitive horizontal mergers. The Federal Trade Commission (“FTC”), as reflected in the Statement of the Bureau of Competition entitled Negotiating Merger Remedies, and the Antitrust Division of the Department of Justice, as stated in its updated Merger Remedies Manual, agree that divestiture can effectively “preserve competition,” i.e., the ultimate goal of a merger remedy....By: Epstein Becker & Green
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This episode is part of a special podcast series discussing “The Future of Health Care: Health Care Delivery and Consolidation Trends in 2020 and Beyond.” Join attorney Gary Herschman as he speaks with Darren Black, Managing Director, Summit Partners, about how health care delivery will change in the years to come and how these changes will impact acquisition and development strategies and future consolidation trends moving forward. Here’s a preview of some of what you’ll hear: “From...By...
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This episode is part of a special podcast series discussing “The Future of Health Care: Health Care Delivery and Consolidation Trends in 2020 and Beyond.” Join attorney Gary Herschman as he speaks with Carsten Beith, Managing Director, Cain Brothers, about how health care delivery will change in the years to come and how these changes will impact acquisition and development strategies and future consolidation trends moving forward. Here’s a preview of some of what you’ll hear: “Reducing ...
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On September 3, 2020, the U.S. Department of Justice (“DOJ”) updated its Merger Remedies Manual (“the Manual”). This is the first update of the Manual since 2011, and it reinforces DOJ’s commitment to effective structural relief (through divestiture) and its focus on the enforcement of consent decree obligations. ...By: Epstein Becker & Green
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This episode is part of a special podcast series discussing “The Future of Health Care: Health Care Delivery and Consolidation Trends in 2020 and Beyond.” Join attorney Gary Herschman as he speaks with Barry Ostrowsky, President & CEO, RWJBarnabas Health, about how health care delivery will change in the years to come and how these changes will impact acquisition and development strategies and future consolidation trends moving forward. Here’s a preview of some of what you’ll hear: “It is...
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When released in draft form for public comment on January 10, 2020, the Vertical Merger Guidelines (“Vertical Guidelines”) included a safety zone indicating that “the Agencies [i.e., the U.S. Department of Justice and the Federal Trade Commission] are unlikely to challenge a vertical merger where the parties to the merger have a share in the relevant market of less than 20 percent, and the related product is used in less than 20 percent of the relevant market.” The Vertical Guidelines, in dr...
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On June 30, 2020, the Federal Trade Commission (“FTC”) and U.S. Department of Justice (“DOJ”) released final Vertical Merger Guidelines. As noted previously, the agencies had issued draft guidelines that were subject to public comment. The release of the final guidelines comes amid congressional pressure for increased scrutiny of vertical mergers....By: Epstein Becker & Green
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In a June 18, 2020, letter to the heads of the Antitrust Division of the Department of Justice and the Federal Trade Commission, several U.S. Senators expressed their views that the draft vertical merger guidelines (“Guidelines”) (first released for public opinion on January 10, 2020) need to be strengthened and completed as expeditiously as possible. In the letter, these Senators noted the following......By: Epstein Becker & Green
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On May 13, 2020, New Jersey Governor Phil Murphy issued Executive Order 142 , which allows for the resuming of non-essential construction projects (subject to certain conditions and restrictions), the reopening of retail businesses (curbside pickup...By: Epstein Becker & Green
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A physician group should conduct extensive “reverse due diligence” before entering into a private equity (PE) partnership. Important things to consider include: - the PE firm’s financial ability to close the transaction with the physician group;...By: Epstein Becker & Green
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