The FTC and DOJ suffered twin setbacks in the healthcare space. In both UnitedHealth/Change and Illumina/Grail, the agencies’ reliance on more novel theories of harm failed to convince skeptical judges, the Goodwin law firm writes.
Despite these litigation setbacks this past quarter, the agencies continue to pursue aggressive antitrust enforcement in the healthcare space, with the FTC pursuing three hospital merger challenges. Consistent with their leadership’s recent statements, the agencies are scrutinizing private equity investment, especially in the healthcare space. An expanding list of state attorneys general are now also reviewing healthcare transactions in their states, and state enforcers have also expressed interest in private equity. Read more.
