Health Law Highlights

DOJ, FTC Looking at Roll-Up Acquisitions for Anticompetitive Acts

From The National Review, by Jessica Sprovtsoff of ArentFox Schiff LLP:

In December 2023, the White House announced plans to intensify antitrust scrutiny in the healthcare sector, focusing particularly on “roll-up” acquisitions, a practice where a company acquires several smaller entities, potentially leading to market consolidation. This strategy can potentially violate antitrust laws, but each individual acquisition often falls below the size criteria for pre-acquisition reporting to antitrust enforcement agencies.

The US Department of Justice (DOJ) and the Federal Trade Commission (FTC) have responded by planning to collaborate on data sharing to the maximum extent, aiming to detect potentially anticompetitive transactions that might not usually qualify for antitrust enforcement reviews.