Merger Guidelines Update Would Increase Scrutiny of Healthcare Deals

Healthcare attorney Beth Vessel was cited in a Modern Healthcare article summarizing newly proposed federal guidelines that aim to increase scrutiny of mergers and other transactions across a variety of sectors. The guidelines from the U.S. Department of Justice and Federal Trade Commission seek to limit consolidations that would prevent a potential competitor from entering the market as well as curb mergers and acquisitions (M&A) that would allow one company to control multiple products and services along various supply chains. In addition, the guidelines propose to broaden the scope of antitrust agency review using the Herfindahl-Hirschman Index (HHI). Ms. Vessel, who advises clients on antitrust law, commented on the effects of increasing the HHI threshold.

"These thresholds would result in many more transactions being subject to higher scrutiny," she said.

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