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UPDATE:  The FTC announced today that the deadline to file comments on the Draft Vertical Merger Guidelines has been extended to February 26.  In addition, the FTC and DOJ will host two public workshops (March 11 and 18) in Washington, DC, on the draft guidelines. On January 10, the Federal Trade Commission and Department of Justice released a draft of their long-anticipated vertical merger guidelines and withdrew their 1984 Vertical Merger Guidelines.  Vertical mergers received…
It’s not that hard to predict. If you want to factor the antitrust forecast into your business plans, you have two weather patterns looming.  We can assess the first one quite accurately already.  And notwithstanding all the speculation, we can get a pretty good feel for the second front as well. Forget about the first 100 days. The first phase of the new antitrust era will last a good six months, and could stretch out…
New York State Health Care—DSRIP, PPSs, COPAs and Antitrust “Immunity” New York has received permission to use over $8 billion in Medicare and Medicaid funds to revamp how healthcare is provided throughout the State.  As part of this process, the New York State Department of Health (DOH) is encouraging, and sometimes, requiring, competing healthcare and other service providers to form collaborative groups (PPSs) and enter into other agreements.  The DOH has stated that these groups…