Antitrust Article Examines FTC's Recent Scrutiny of Quality of Care Efficiency Defenses in M&A Activity
Written by: Stephanie D. Willis
Dionne Lomax and Helen Kim, our colleagues in the Antitrust Practice, have authored an article in Competition Policy International's September 2014 edition of the Antitrust Chronicle observing that, even in the wake of the Affordable Care Act, which is intended to encourage efficiencies in health care delivery to improve health care quality overall, the antitrust enforcement agency has been limiting the ways that health care providers can assert these goals as a justification for consolidation.
The article profiles recent cases that we have featured on the blog and in the firm's advisories, including the St. Luke's case initially profiled here earlier this year by Bruce Sokler, Chair of Mintz’s Antitrust Practice. But more importantly, it provides a framework "that parties can apply when presenting quality improvement claims that may help parties demonstrate that their efficiency claims are credible, merger-specific, and likely to occur." Read Dionne and Helen's article here and reach out to them or to our other Antitrust Practice attorneys if you have questions.