Dealing With State Antitrust Officials: 5 Considerations, as appeared in Health Law360

Patricia Wagner, a Member of the Firm in the Health Care and Life Sciences practice, in the Washington, DC, office, wrote an article titled "Dealing With State Antitrust Officials: 5 Considerations." (Click to read the full article — subscription required.)

Following is an excerpt:

Increasingly, state antitrust enforcement authorities are taking an interest in and/or becoming involved in the review of hospital transactions. While parties often focus on the review process at the Federal Trade Commission, careful planning will take into account the fact that the state antitrust authorities may become involved as well. Among other things, it is common for FTC staff to coordinate a review of a transaction with state officials.

A state's antitrust division falls under the authority of the state attorney general. The state AG's office often has interests that are much broader than a strict antitrust analytical framework, and so advance discussions with the state AG can help facilitate an antitrust review.