On March 5, 2024, the Federal Trade Commission, the U.S. Department of Justice, and the U.S. Department of Health and Human Services (the “agencies”) issued a joint Request for Information on Consolidation in Health Care Markets (RFI).

The RFI invited responses on the following:

  • The effects of consolidation
  • The claimed business goals and objects for transactions
  • Whether those goals and objectives have been realized
  • Whether there are particular types of entities most associated with transactions that result in adverse impacts on targets
  • What actions the agencies should take to identify and address problematic transactions.

The agencies stated that the purpose of the RFI was to gather information that “will inform the agencies’ identification of enforcement priorities and future action, including new regulations, aimed at promoting and protecting competition in health care markets and ensuring appropriate access to quality, affordable health care items and services.”

After being extended for 30 days, the comment period came to a close on June 5, 2024. Law professors, trade associations, state enforcement bodies, and individual consumers provided comments, which are available for public review.

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For additional information about the issues discussed above, or if you have any other antitrust concerns, please contact the Epstein Becker Green attorney who regularly handles your legal matters, or one of the authors of this Antitrust Byte:

E. John Steren
Member of the Firm
Patricia Wagner
General Counsel / Chief Privacy Officer
Jeremy Morris
Member of the Firm
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