In this episode of the Diagnosing Health Care Podcast: After nearly two years of combined efforts from the Federal Trade Commission and the Antitrust Division of the Department of Justice, the agencies jointly issued much-anticipated merger guidelines identifying the procedures and enforcement practices they will apply for evaluating potential mergers.
What might these changes mean for hospitals, health systems, and other stakeholders in the health care industry?
On this episode, Epstein Becker Green attorneys Trish Wagner, John Steren, Jeremy Morris, and Dan Fahey discuss some of the key changes in the finalized antitrust merger guidelines and what these guidelines mean for the agencies' approach to enforcement.
In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements (collectively, the “Statements”) that have served for years as mainstays of health care antitrust enforcement guidance. Specifically, DOJ withdrew the following statements: Department of Justice and FTC Antitrust Enforcement Policy Statements in the Health Care Area (September 15, 1993); Statements of Antitrust Enforcement Policy in Health Care (August 1, 1996); and Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in Medicare Shared Savings Program (October 20, 2011).
Blog Editors
Recent Updates
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- Watch: FDA’s 2026 Enforcement Priorities: What In-House Counsel Must Know – Thought Leaders in Health Law
- The Future of 340B: New Bills Offer Competing Solutions to Modernize the 340B Drug Discount Program
- "Enough Is Enough": HHS-OIG Freezes Funds for New York Medicaid Fraud Control Unit, Effective July 1
- Straight From the Source: AHLA Annual Meeting Highlights Fraud and Abuse Enforcement Efforts in 2026 and Beyond