Articles and Blogs


FTC Announces Annual Hart-Scott-Rodino Premerger Notification Filing Thresholds Increase for 2020


Posted on February 3, 2020 in Health Law News

Published by: Hall Render

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file notification with the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) Antitrust Division and to wait a period of time before consummating the transaction.... READ MORE

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FTC, DOJ Release Draft Vertical Merger Guidelines


Posted on January 21, 2020 in Health Law News

Published by: Hall Render

On January 10, 2020, the Federal Trade Commission (“FTC”) and Antitrust Division of the U.S. Department of Justice (“DOJ”) (collectively, the “Federal Antitrust Enforcers”) proposed their first new vertical merger guidelines (the “Draft Vertical Merger Guidelines”) in 36 years. The Draft Vertical Merger Guidelines, which will supersede and replace the 1984 DOJ “Non-Horizontal Merger... READ MORE

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New DOJ Guidance for Antitrust Compliance Programs: Why Health Care Entities Need Antitrust Focus


Posted on September 20, 2019 in Health Law News

Published by: Hall Render

On July 11, 2019, the Antitrust Division of the DOJ (“Division”) announced a new initiative aimed at encouraging robust corporate antitrust compliance programs. The Division’s initiative incentivizes compliance programs by establishing that firms charged criminally for antitrust violations will be given credit in charging and sentencing recommendations if they have effective corporate antitrust compliance... READ MORE

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DOJ Approves Merger Between Cigna and Express Scripts, Paving the Way for Increased Vertical Integration Between Payers and PBMs


Posted on October 4, 2018 in Health Law News

Published by: Hall Render

On September 17, 2018, the U.S. Department of Justice (“DOJ”) approved the $52 billion vertical merger between health insurer Cigna Corp. (“Cigna”) and pharmacy benefit manager (“PBM”) Express Scripts. The Cigna-Express Scripts merger is just one in a string of recent health insurer/PBM acquisitions. For more on these transactions, click here. As the largest unaffiliated... READ MORE

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Employers Could Have Egg on Their Faces with ‘No-Poaching’ Agreements


Posted on April 18, 2018 in Health Law News

Published by: Hall Render

Consistent with earlier policy announcements, on April 3, 2018, the Antitrust Division of the U.S. Department of Justice (“DOJ”) announced that it reached a settlement with Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (“Wabtec”), two large rail equipment suppliers. The settlement resolves a lawsuit alleging the companies had maintained unlawful agreements not to... READ MORE

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The Wave of PBM and Insurer Integration Continues as Cigna and Express Scripts Announce a Merger of Their Own


Posted on March 16, 2018 in Health Law News

Published by: Hall Render

Last week, Cigna Corporation, the fifth largest health insurer in the country, and Express Scripts, the nation’s largest stand-alone pharmacy benefit manager (“PBM”), issued a statement outlining Cigna’s plans to acquire the PBM giant for $67 billion. This deal is just the latest example of a health insurer and PBM joining forces, coming just... READ MORE

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Third Party Discovery Begins in Expedited Antitrust Challenge to Health Insurance Mega-Mergers


Posted on August 19, 2016 in Health Law News

Published by: Hall Render

As has been widely reported, on July 21, 2016, the Antitrust Division of the DOJ filed two separate complaints to block both Anthem’s acquisition of Cigna and Aetna’s acquisition of Humana, alleging both acquisitions violate the federal antitrust laws. In both cases, the parties have decided to fight the DOJ’s challenge. Originally, both cases were... READ MORE


Will Consecutive FTC Losses Change the Antitrust Landscape for Hospital Mergers?


Posted on July 13, 2016 in Health Law News

Published by: Hall Render

In late 2015, the Federal Trade Commission (“FTC”), riding a wave of victories, challenged three separate hospital mergers in Harrisburg, Pennsylvania; Huntington, West Virginia; and Chicago, Illinois (for more information on these challenges, see our previous coverage here). Six months later, the FTC’s winning streak has effectively come to an end after suffering at... READ MORE


FTC Hospital Merger Win Streak Ends: PA Judge Rules in Favor of Hospitals, but FTC Fights On


Posted on May 12, 2016 in Health Law News

Published by: Hall Render

In the first big win in more than 10 years for hospitals over the Federal Trade Commission (“FTC”) in a litigated hospital merger challenge, U.S. District Judge John E. Jones III of the Middle District of Pennsylvania ruled against the FTC, denying their request for a preliminary injunction to temporarily block the merger between... READ MORE

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