Insights

As the healthcare sector continues to grapple with the COVID-19 pandemic, it will face increased antitrust scrutiny from the Biden administration, with the Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust Division (the “DOJ”) ramping up their reviews not just of “horizontal” transactions (i.e., deals between competitors), but also of “vertical” transactions (i.e., deals that combine market participants at different levels of the healthcare industry, such as payors, hospitals, and physician practices).

Healthcare systems, provider organizations, payers, and private equity firms investing and operating in the healthcare space will encounter increased antitrust scrutiny of transactions combining payors, physicians, facilities, healthcare tech platforms, and other healthcare companies.