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FTC and DOJ Accepting HSR Filings During Shutdown

by Gregory Heltzer

The Federal Trade Commission (FTC) and Department of Justice (DOJ) both announced that they will have limited staff on hand to accept Hart-Scott-Rodino (HSR) premerger notification filings during the U.S. federal government shutdown.  The HSR Act requires that parties subject to the Act must wait 30 days before closing their transaction.  This waiting period provides the agencies with time to determine whether to challenge a transaction prior to closing.  During the shutdown, the FTC will continue HSR investigations to the extent that “a failure by the government to challenge the transaction before it is consummated will result in a substantial impairment of the government’s ability to secure effective relief at a later time.”  (See, FTC Shutdown Plan.)  Likewise, the DOJ will also prepare cases that must be filed due to expiration of the HSR waiting period.  (See, DOJ Shutdown Plan.)  We will provide updates if and when we learn more regarding the protocols for merger review during the shutdown.

Antitrust and Healthcare: A Comprehensive Guide

McDermott Will & Emery is pleased to announce the publication of Antitrust and Healthcare: A Comprehensive Guide, First Edition. This new publication, produced by American Health Lawyers Association provides invaluable “practice pointers” to help healthcare industry participants, and their counsel, minimize antitrust risk and more successfully plan and execute business and litigation strategies.   McDermott partner, David Marx, Jr., co-authored this first edition with Christine L. White and Saralisa C. Brau of the Federal Trade Commission. The authors draw on their significant government enforcement and private-sector counseling and litigation experience to explain the application of antitrust principles to the different segments of the healthcare industry and the specific issues they confront.  Health care lawyers and antitrust practitioners will find this new guide a complete resource for representing all types of organizations including healthcare providers; commercial insurance companies and managed care organizations; for-profit, not-for-profit, and government-owned or controlled concerns; self-insured employers; and professional partnerships.   Sections covered include:
  • Antitrust Overview
  • Mergers, Acquisitions, and Issues of Legality
  • Premerger Notification and Transaction Planning
  • Joint Ventures
  • Provider Networks and Managed Care Contracting
  • Trade Associations and Group Purchasing Organizations
  • Medical Staff Privileges, Exclusive Physician Contracts, and Peer Review
  • Monopolization
  • The Robinson-Patman Act
  •  Exemptions and Immunities
The full table of contents can be viewed here.   To purchase the book, click here

Major Changes to HSR Disclosure Requirements Effective August 18, 2011

by Jon B. Dubrow, Carla A. R. Hine and Carrie G. Amezcua

Revisions to the Hart-Scott-Rodino (HSR) notification rules and form (as detailed here) will become effective August 18, 2011.  Parties planning to file an HSR premerger notification on or after August 18 must comply with the new disclosure requirements and use the newly revised HSR form.





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