This article, written by partner Anthony W. Swisher, was published and released in November 2016 by the Antitrust Practice Group of the American Health Lawyers Association (AHLA).
As more and more providers pursue mergers and acquisitions to help improve care coordination, population health management and patient outcomes, it is becoming increasingly important to demonstrate a transaction’s procompetitive benefits during the Federal Trade Commission’s (FTC) antitrust review.
This article discusses effective strategies that merging providers can employ to advocate for the benefits they hope to achieve, and marshal support for the transaction from health plans. It also explores the related issues at stake in the FTC’s review and the importance of thinking about them well before a transaction comes into view.
The article reprint appears courtesy of American Health Lawyers Association © 2016.