Antitrust Partner Danyll W. Foix wrote an article, published November 17, 2016 by Law360, reviewing the Federal Trade Commission’s acceptance of an unusual settlement for a challenged hospital merger, explaining that “the settlement ends the FTC’s challenge of a transaction that was too small to be reportable under the Hart-Scott-Rodino Act, and the settlement is premised on a unique combination of the acquirer’s promise to give financial assistance to potential new entrants and the reliance on the ‘failing firm’ defense that infrequently is accepted by government enforcers.”
Read more at Law360 here.