Vertical Mergers in Healthcare: Implications of AT&T/Time Warner Decision

Webinar (EDT)

E. John Steren, Member of the Firm, will participate in the panel discussion "Vertical Mergers in Healthcare: Implications of AT&T/Time Warner Decision," presented by Strafford Publications. 

The healthcare industry has seen its share of vertical mergers, such as hospital acquisitions of physician practices and payers acquiring providers. As healthcare costs continue to rise and payers move to a value-based model, more vertical integration is expected. In the highly regulated industry, these deals are often more complex and may include horizontal components.

In June 2018, a federal judge cleared the $85.4 billion merger of AT&T and Time Warner, rejecting the DOJ claims that the transaction may substantially lessen competition. The court’s ruling, widely viewed as significant, is currently subject to appeal to the DC Circuit Court of Appeals.

Enforcement activity involving vertical mergers has not received as much attention as enforcement actions involving horizontal transactions. However, as markets continue to consolidate, these deals are drawing more attention. Companies and counsel must understand the uncertain environment of vertical merger enforcement.

The panel will guide healthcare counsel on the implications of the AT&T/Time Warner decision on vertical mergers in the healthcare industry. The panel will examine what parties and their counsel must consider when putting together a healthcare deal and the antitrust hurdles they will need to overcome.

The presentation will review these and other relevant issues:

  • What are the lessons from recent cases regarding a vertical transaction in healthcare?
  • How will the enforcement agencies and courts deal with vertical mergers in healthcare going forward?
  • What are the potential antitrust hurdles to overcome to get a vertical transaction done?

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