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Time for a Checkup: Evaluating the Withdrawal of the Health Care Antitrust Guidelines

In 1996, the FTC and DOJ issued Statements of Antitrust Enforcement Policy in Health Care. The statements addressed important topics, such as hospital mergers, information sharing, joint purchasing, and provider joint ventures. The DOJ withdrew the guidelines in February 2023, and the FTC followed in July. Some healthcare companies – and businesses in other sectors – that have established relationships in reliance on these statements are concerned as to whether long-running arrangements should be modified or terminated. This panel discussed their perspectives on the withdrawal of the statements on future initiatives, and what previous arrangements may be at risk. Featuring: John Carroll, Partner in the Antitrust & Competition Practice Group, Sheppard Mullin Richard Feinstein, Partner, Boies Schiller Flexner LLP, Former Director of the Bureau of Competition at the Federal Trade Commission Laurel Kilgour, Research Manager, American Economic Liberties Project Barry Nigro, Partner, Global Chair, Antitrust and Competition, Fried Frank Prof. Barak Richman, Alexander Hamilton Professor of Business Law, George Washington University Law School Moderator: Adam Biegel, Partner, Co-chair of the Litigation & Trial Practice Group, Alston & Bird * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.