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FTC Theories Of Harm After Anesthesia Co. Ruling

Antitrust Co-chairs Bruce Sokler and Joe Miller, along with Associate Payton Thornton co-authored an article in Law360 discussing key takeaways from a Texas judge’s decision to dismiss a private equity firm from the Federal Trade Commission’s lawsuits against the firm and US Anesthesia Partners Inc. They also highlighted the broader implications for private equity transactions in health care under the new FTC merger guidelines.

The authors wrote, “Dismissal of the private equity sponsor from the suit is not fatal to the underlying theme of the FTC’s case, which will proceed against the anesthesia group defendant and could potentially advance the antitrust agencies’ ability to unwind transactions that cumulatively increase a firm’s power in a given market.”