An Antitrust Byte, titled “Divestiture Process for Mergers,” authored by attorneys E. John Steren and Patricia M. Wagner, Members of the Firm in the Health Care & Life Sciences and Litigation & Business Disputes practices, was cited in Becker’s ASC Review, in “Mergers May Require ASC Divestment — Read This to Know What’s in Store,” by Angie Stewart.

Following is an excerpt:

To preserve competition, federal antitrust agencies may require parties to divest certain assets before allowing a merger, according to law firm Epstein Becker Green.

What you should know:

  1. The Federal Trade Commission and Department of Justice’s Antitrust Division sometimes require an entity to divest assets, such as a physician group or ASC, in order to preserve competition.
  2. This requirement is more common in transactions with a national scope. However, divestiture may be required in local transactions where one of a party’s multiple business lines poses a threat to competition.
  3. The FTC’s divestiture guidance, “Negotiating Merger Remedies,” is helpful for entities involved in a transaction that may require divestiture, as well as for parties that may want to acquire a divested asset.
  4. The guidance offers insight on the divestiture process, provisions and timing, as well as how the FTC evaluates buyers.
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