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Antitrust & Competition Healthcare Quarterly Update Q2 2023

Andrew Lacy, Arman Oruc, John Goheen Kevin Walsh, and Andrew Jensen, writing for Goodwin Procter:

In the second quarter, the US antitrust agencies continued efforts to bolster their aggressive enforcement agenda by rewriting long-standing policies and procedures, including sweeping revisions to Merger Guidelines, significant changes to the HSR filing process, and withdrawing long-established antitrust healthcare guidance.

Pressure on PBMs continued to mount as the FTC expanded its study of the industry and withdrew previous advocacy statements and market studies related to PBMs.

The FTC continued to challenge major healthcare mergers, including the ongoing challenge to Illumina/Grail and a new challenge to IQVIA/Propel.

Beyond merger review, the FTC has not relented in its focus on state COPA laws, which may intensify enforcement actions in this space. Further, two states enacted notification laws for healthcare transactions that will require additional information and extend the timeline for regulatory approval.