FTC voids confidentiality and non-compete provisions in non-reportable transaction and requires notification of all future transactions *

USA - April 5 2013
Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the…

Co-authors: Farrah Short.

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Supreme Court unanimously rules unforeseeability bars immunity defense for allegedly anticompetitive hospital merger *

USA - February 21 2013
On February 19, 2013, the U.S. Supreme Court unanimously held that state-action immunity does not protect a state-created hospital authority from…

Co-authors: Farrah Short, Robert G. Kidwell.

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FTC issues favorable clinical integration Advisory Opinion to Norman, Oklahoma PHO *

USA - February 14 2013
Since the passage of the Affordable Care Act (ACA), much attention has been paid to the antitrust treatment of Accountable Care Organizations…

Co-authors: Christi J. Braun.

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DOJ assistant Attorney General William Baer’s first merger challenge confirms continued aggressive merger enforcement by Antitrust Division *

USA - February 4 2013
On January 31, 2013, the Antitrust Division of the Department of Justice ("DOJ") filed its first lawsuit challenging a merger under newly sworn-in…

Co-authors: Farrah Short, Helen J. Kim, Christi J. Braun, Robert G. Kidwell, Shoshana S. Speiser.

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DOJ approves Greater New York Hospital Association’s proposed gainsharing program *

USA - January 29 2013
On January 16, the Department of Justice's Antitrust Division ("DOJ") announced that it does not presently intend to challenge the Greater New York…

Co-authors: Farrah Short, Christi J. Braun, Robert G. Kidwell, Shoshana S. Speiser.

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