Articles

Carl Hittinger, Tyson Herrold Analyze Recent FTC Block of Small Health Care Merger

Articles / February 6, 2018

Partner Carl Hittinger and Associate Tyson Herrold authored an article published by The Legal Intelligencer on Feb. 5, 2018. The article, “No Health Care Merger Too Small for the FTC to Take an Antitrust Look,” continues Hittinger and Tyson’s analysis of the Federal Trade Commission’s (FTC) challenges to health care mergers on antitrust grounds. In this article, Hittinger and Herrold examine FTC v. Sanford Health, a proposed merger in the Bismarck, N.D., region that was blocked by the agency in late 2017.

They note that the FTC is in the midst of a major change in leadership and its enforcement priorities may shift, but conclude:

[A]ntitrust concerns in a politically charged climate over consolidation, and the attendant threats of higher prices, purported less innovation and often claimed fewer treatment choices for patients, make the health care provider industry an attractive target for the enforcement agency.

Read the article (registration required).

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