Mergers and Joint Ventures: More Transactions and More Antitrust Enforcement 

Wednesday, December 2, 2009
1:00-2:30 pm Eastern (12:00-1:30 pm Central; 11:00 am-12:30 pm Mountain; 10:00-11:30 am Pacific; 9:00-10:30 am Alaska; 8:00-9:30 am Hawaii)
Co-sponsored by the Antitrust, Hospitals and Health Systems (HHS), Physician Organizations (Physicians), and Teaching Hospitals and Academic Medical Centers (TH/AMC) Practice Groups

Description

Mergers and acquisition activity in the hospital sector remains high. From 2007 to 2008, M&A activity grew more than 10% while such activity in many other sectors of the economy declined. Even in today's struggling economy--and perhaps because of the state of the economy--hospitals continue to contemplate mergers and other joint ventures that will position them to survive in tough times.
 
Yet the advent of the new administration has brought renewed emphasis on antitrust enforcement by the federal agencies. State attorneys general and private plaintiffs are active in this area as well.
 
This program will consider key tactical considerations faced by hospitals and their counsel when considering mergers, including the question of whether there are alternatives to merger that could accomplish the same goals as a merger with less antitrust risk.
 
Issues to be covered include:

• So you want to merge: What are the FTC and DOJ saying and doing about hospital mergers? What's changed with the new administration?
• Times are tough: Can you use the failing (or ailing) firm defense to push a merger through?
• Transactions that are not reportable under the Hart-Scott-Rodino Act: What's the risk of a challenge, and how do you manage it?
• Merger is off the table: Are there options short of merger that might achieve same benefits?
• Unique state enforcement considerations: When do state AGs diverge from the federal enforcers? Can hospitals use state "certificate of public advantage" laws or state regulatory decrees to push a merger through that might otherwise raise competitive concerns?

Presenters