On December 18, 2023, the US Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, the “government”) released the final 2023 Merger Guidelines (the “Guidelines”) which set forth factors and frameworks the government will use when assessing mergers and acquisitions. While the Guidelines are not legally binding, they provide important guidance on how the government may view certain transactions, including those involving healthcare entities. The Guidelines also reflect the Biden Administration’s aggressive stance on merger enforcement. Squire Patton Boggs attorneys Barry Pupkin, Christopher Gordon, Martin Mackowski and Kaitlin Rittgers provide a discussion of the Guidelines and present key takeaways, available here.
