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Managing Antitrust Risks in Pre-Transaction Planning

Dynamic changes in the nation’s health care delivery systems have been prompted, in part, by the implementation of the Patient Protection and Affordable Care Act (“ACA”). In the wake of the ACA, hospitals and other health care industry participants have been undergoing significant consolidation.  Health care antitrust enforcers continue to closely scrutinize health care transactions in order to ensure that new health care delivery systems do not enhance or create market power or otherwise harm consumers.  As such, there are certain steps deal counsel should take in order to effectively manage and minimize potential antitrust risks in transactions with competitors.

In part one of a three part series, my colleagues, Dionne Lomax and Farrah Short, offer a planning checklist for transactions with potential competitive concerns.

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Author

Theresa C. Carnegie is a Mintz attorney who advises health care clients on a wide array of transactional, regulatory, compliance, fraud and abuse matters, and health law issues. She counsels health plans, pharmacy benefit managers, pharmacies, device manufacturers, and distributors.