The Federal Trade Commission and the Justice Department (the agencies) jointly issued the long-awaited new merger guidelines (the guidelines) at the end of 2023. The guidelines highlight the agencies’ focus on “excessive market consolidation” and continue their aggressive approach to antitrust enforcement.

The health care industry has undoubtedly experienced significant consolidation. This has sparked concerns from the agencies and others that the consolidation has resulted in diminished choice, lower quality and increased health care costs. The revamped guidelines are yet another tool for the agencies to use as they seek to push back against consolidation— particularly with respect to cross-market and vertical mergers that the agencies have previously had less success in challenging.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]