The health care industry remains an enforcement priority for the Federal Trade Commission ("FTC"). In a recent interview, the Director of the FTC's Bureau of Competition, Debbie Feinstein, stated that the Bureau's top three priorities for health care antitrust enforcement are: (1) challenging reverse patent settlement cases (or pay-for delay cases); (2) challenging anticompetitive pharmaceutical company mergers; and (3) reviewing healthcare provider combinations. As health industry participants engage in mergers, joint ventures, and other competitive collaborations where an antitrust review is anticipated, it is important for deal counsel to employ effective strategies to more efficiently manage the review and investigation process. In part two of this three part series, we provide guidance regarding Strategies for Efficiently Obtaining Antitrust Clearance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.