The Biden Administration is hyper focused on antitrust in healthcare. In the past few years the DOJ and have challenged several significant deals, with mixed success. New merger guidelines reflect a willingness to investigate or challenge more deals.

• Tracking the antitrust impact of expansion into new areas, such as physician services, hospital related services, and home healthcare in the healthcare industry
• Understand what regulators look for in assessing a proposed health plan merger and how to prepare for and respond to antitrust scrutiny
  • Developing an effective internal and external communication strategy to avoid problematic language that could impact the deal
  • Examples of documents in proposed plan mergers that impacted decision making by government authorities
• Examining what’s new in the HSR process
• Anticipating the impact of federal draft merger guidelines on future deals involving MCOs
• Analyzing recent deals that received scrutiny, including DOJ challenges to MCO deals that were unsuccessful
  • CVS acquisition of Oak Street, Signify Health
  • UnitedHealth and Change Healthcare case
• Explore how payors manage concerns about channel conflict in the context of vertical integration