Photos: Diego M. Radzinschi/ALM
The Federal Trade Commission and the Justice Department jointly issued the long-awaited new merger 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.
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