Author: Nina Kalandadze

The FTC’s expanded Hart-Scott-Rodino (HSR) premerger notification form is now no longer required for reportable transactions after the Fifth Circuit denied the FTC’s motion for a stay pending appeal last week, meaning merging parties may immediately revert to the prior, less burdensome HSR filing form.

Key Takeaways

• Immediate filing relief. Merging parties may now file HSR notifications using the prior, less burdensome form. The FTC has stated it is updating its systems and will continue to accept filings under either form.
• Signal on the merits. The Fifth Circuit’s refusal to stay the lower court’s order during the appeal may indicate skepticism toward the FTC’s arguments, although the merits appeal remains pending.
• Continued uncertainty. The FTC’s appeal is still active. If the Fifth Circuit ultimately reverses the district court, the expanded form could be reinstated, potentially with a compliance grace period. Parties should monitor developments closely.
• Practical planning. Deal teams preparing HSR filings should coordinate with antitrust counsel to determine which form to use. Filing under the prior form will generally be less time-intensive and costly, but parties should consider whether voluntarily using the new form may offer any strategic benefit for transactions likely to receive scrutiny.

Continue reading “Old HSR Form Returns as Fifth Circuit Rejects FTC’s Bid to Preserve Overhauled HSR Merger Filing Form During Appeal”

The Federal Trade Commission (FTC) has formed a Healthcare Task Force to focus on competition and consumer protection issues in healthcare markets and to develop policy recommendations aimed at improving healthcare market practices. The memorandum establishing the Task Force describes its mandate, structure and intended workstreams.

Implications for Healthcare Market Participants

The Task Force is intended to provide a more coordinated and systematic framework for the FTC’s work in this sector, aligning enforcement, research and policy to address emerging and persistent issues in healthcare competition and consumer protection.

The memorandum signals that the FTC will continue to prioritize healthcare as a core enforcement and policy area. Market participants – including providers, payers, intermediaries, and other healthcare entities – can expect:

• Continued scrutiny of transactions, joint ventures and contracting practices that may affect competition.
• Ongoing attention to representations and business practices that may mislead or harm healthcare consumers.
• Increased emphasis on policy development and advocacy that may shape future regulatory and enforcement approaches in healthcare markets.

Continue reading “The Federal Trade Commission Forms Healthcare Task Force to Address Competition in Healthcare Markets”