Below is an excerpt of an article, co-authored with Antitrust and Trade Regulation Team lawyer Jen Driscoll and Internal Investigations and Corporate Compliance chair Ed Heath, published in the American Health Law Association’s Health Law Weekly newsletter on January 19, 2024.

Mergers and acquisitions in health care markets are viewed with heightened scrutiny by the Federal Trade Commission (FTC) and U.S. Department of Justice, Antitrust Division (Division) (collectively, the Agencies). These transactions may require further investigation to determine whether there will be anticompetitive effects, such as higher prices, in the affected market. As part of these investigations, the Agencies may issue civil investigative demands (CIDs) for documents and statements from third parties that do not have direct involvement in the transaction. The CID process can become a protracted and expensive undertaking if it is not properly managed from the outset by experienced counsel. This article provides an overview of current antitrust scrutiny of health care markets, and then offers guidance on how to effectively respond to CIDs in connection with the antitrust enforcement process. Read the full article.