Mergers in Health Care: The 2017 Antitrust Environment

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Last fall, the Federal Trade Commission (FTC) won appellate reversals in two hospital merger cases: Penn State Hershey and Advocate Health, which is now on remand in the district court. Along with its successful 2015 challenge to a merger of physician groups, the FTC has built formidable legal support in three US Courts of Appeals for its antitrust approach to health care mergers.

Health systems must now ask: Are competitor collaborations a viable strategy for achieving efficient scale, lower costs, better quality and more value from insurer contracts that reward quality?

McDermott health antitrust lawyers, joined by FTC Northeast Region Director William H. Efron, who led the FTC’s litigation effort in the Penn State Hershey case, will present a video roundtable for in-house counsel and their advisors on the practical implications of these cases on competitor transactions going forward.

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