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The Changing Labor Landscape for Healthcare Employers

By Will Kishman on Posted in FTC, Labor and Employment, NLRB
In 2024, healthcare employers have faced several new challenges and developments regarding traditional labor obligations.  Unions are becoming more prominent in healthcare, including by unionizing doctors at unprecedented rates and by becoming more involved in government-funded projects.  At the same time, federal agencies are imposing significant new labor obligations on healthcare employers, regardless of whether … Continue Reading

FTC Non-Compete Ban Set Aside Nationwide

By Squire Patton Boggs on Posted in Antitrust, FTC, Labor and Employment
On August 20, 2024, a Texas federal judge permanently barred the implementation of a controversial Federal Trade Commission (FTC) regulation that would have invalidated tens of millions of existing non-compete agreements and precluded the adoption of new covenants. We discussed the FTC’s non-compete regulation earlier this year. The decision comes as a relief to employers … Continue Reading

Private Equity’s Involvement in Health Care Under Increasing Scrutiny

By Bevan Blake and Robert Nauman on Posted in Antitrust, FTC, HHS, Mergers and Acquisitions, Policy
Private equity’s investment in healthcare has increased rapidly over the past decade, and this is now drawing attention from regulators.  Signifying this increased scrutiny is a joint Request for Information (RFI) issued in March by the Department of Justice’s (DOJ) Antitrust Division, Federal Trade Commission (FTC), and Department of Health and Human Services (HHS) seeking … Continue Reading

The Status of Non-Competes in Healthcare: How the FTC Rule and Other Recent Developments Affect Non-Competes for Doctors, Nurses, and Other Healthcare Practitioners

By Paul Erian and Will Kishman on Posted in Antitrust, FTC, Labor and Employment, NLRB
For healthcare providers and practitioners, the rules surrounding non-competition agreements have evolved rapidly over the last two years, and that evolution accelerated even more this month.  Over the past 18 months, states and the federal government enacted several new laws that substantially limit when healthcare entities can enforce non-competes.  Then, on April 24, the Federal … Continue Reading

US Antitrust Agencies Release 2023 Merger Guidelines

By Squire Patton Boggs on Posted in Antitrust, DOJ, FTC, Policy, Publications
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 … Continue Reading

U.S. Federal Trade Commission Challenges Private Equity Firm’s Acquisition Spree in Texas 

By Christopher Gordon on Posted in Antitrust, FTC
On September 21, 2023, the Federal Trade Commission (FTC) filed a lawsuit against U.S. Anesthesia Partners, Inc. (USAP) and private equity firm Welsh, Carson, Anderson & Stowe, alleging that they engaged in anticompetitive practices in the anesthesia services market in Texas. According to the FTC’s complaint, USAP and Welsh Carson executed a multi-year strategy to … Continue Reading

Summer Roundup: Antitrust Agencies Continue Scrutiny of Healthcare Markets and Attain Much Needed Victories

By Christopher Gordon on Posted in Accountable Care Organizations, Antitrust, DOJ, FTC, Mergers and Acquisitions, Pharmaceutical
This summer, the Federal Trade Commission (“FTC”) and U.S. Department of Justice (“DOJ”) (together “antitrust agencies” or “agencies”) continued to push boundaries on what constitutes anticompetitive conduct with the withdrawal of key healthcare policy statements and heightened scrutiny of the pharmaceutical industry. This summer also saw the DOJ and FTC score crucial enforcement wins in … Continue Reading
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