Jeffrey W. Brennan Jeffrey W. Brennan

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Jeffrey W. Brennan (Jeff) has practiced exclusively antitrust law for three decades, including more than 20 years in private practice and nearly 10 years over two tours at the Federal Trade Commission, from 1985 to 1990 as a staff attorney handling mergers and from 2001 to 2006 as assistant director, then associate director, of the Bureau of Competition. His current practice includes merger clearance, antitrust litigation, investigations by the FTC, DOJ and state attorneys general, and counseling on competitor collaborations and many other antitrust compliance issues. Jeff’s clients cover many industries, with the highest number in the health care services and products sector. He is co-chair of the Firm’s Health Antitrust affinity group. Read Jeff Brennan's full bio.

Top Takeaways: Permissible Provider Collaborations During COVID-19 and Beyond


By , , and on May 27, 2020
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

If you missed our latest webinar, enjoy the replay below and learn more as we provide highlights on competitor collaborations, avoiding violations in labor markets, provider M&A and partial acquisitions. Competitor Collaborations Antitrust compliance remains an important priority in the US. While companies have been engaged in finding creative solutions to COVID-19 challenges and regulators...

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California Attorney General Announces Historic $575 Million Settlement of Antitrust Suit Against Sutter Health


By , , and on Jan 15, 2020
Posted In Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation

California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (Sutter), the largest hospital system in Northern California.

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Antitrust Enforcement Update: Spotlight on Physician Transactions


By , , , and on Jun 21, 2019
Posted In FTC Developments, Healthcare Antitrust

At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state law that requires prior notice of healthcare provider transactions. We also offer practical takeaways for providers pursuing practice acquisitions. Access the full article.

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Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge to Hospital Joint Operating Company’s Contracting Conduct


By , , and on May 24, 2019
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration

A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct of joint ventures when it is challenged as anticompetitive. The decision is also significant because...

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THE LATEST: DOJ Announces Settlement with Carolinas Health System (Atrium Health) After Two Years of Litigation


By , , , and on Nov 20, 2018
Posted In DOJ Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance

The Department of Justice (DOJ) announced last week that it and the State of North Carolina have reached a settlement with Carolinas Healthcare System / Atrium Health relating to provisions in contracts between the health system and commercial insurers that allegedly restrict payors from “steering” their enrollees to lower-cost hospitals. The settlement comes after two...

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THE LATEST: Health Care Antitrust Enforcement Remains a Top Priority for New FTC Commissioners


By , and on May 4, 2018
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust

On April 27, 2018, the United States Senate confirmed President Trump’s five nominees for Commissioners of the Federal Trade Commission (FTC). Three are Republicans: Chairman Joseph Simons, Noah Phillips and Christine Wilson, and two are Democrats: Rohit Chopra and Rebecca Slaughter. The Senate’s vote returns the FTC to a full complement of Commissioners for the...

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THE LATEST: Federal Trade Commission and State Attorney General Seek to Block a Health System’s Physician Group Acquisition


By and on Jun 29, 2017
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

With its latest lawsuit to block an acquisition of physicians, the Federal Trade Commission (FTC) confirmed last week that monitoring physician consolidation is a priority. The FTC and North Dakota Attorney General sued to block the proposed acquisition by a health system (Sanford Health) of Mid-Dakota Clinic (MDC), which both serve the areas of Bismarck...

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THE LATEST: FTC Files Complaint Against Louisiana Real Estate Appraisers Board


By and on Jun 2, 2017
Posted In FTC Developments

This week, the Federal Trade Commission filed an administrative complaint against the Louisiana Real Estate Appraisers Board (LREAB). This complaint is the FTC’s first against a state licensing board since it prevailed in the Supreme Court in the decision in NC State Board of Dental Examiners v. FTC in 2015. There, the Court held that...

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Seventh Circuit Hands FTC Another Geographic Market Definition Victory in Chicago Hospital Merger Case


By and on Nov 9, 2016
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This decision follows closely on the heels of the FTC’s victory earlier this year in FTC v. Penn State...

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Third Circuit Blocks Hospital Merger in Key Victory for FTC on Geographic Market Definition


By , , and on Sep 28, 2016
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance

On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission and the Commonwealth of Pennsylvania in a closely watched hospital merger case. The decision provides clear guidance on the appropriate tests for determining geographic markets in hospital merger cases, while also suggesting that...

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