In an article published on July 7, 2023 in the American Health Law Association’s Health Law Weekly, Carrie Hanger, Denise Gunter, and Colleen Pleasant Kline, provide insight into how hospitals can avoid anti-trust pitfalls by taking the appropriate steps to structure their transactions appropriately.
“Having appropriate strategies can mitigate potential antitrust risks involved in hospital consolidation, from the structure of the transaction itself to the process for the exchange of competitively sensitive information and other interactions with transaction partners,” said Hanger, Gunter, and Kline. “While this has always been the case, parties must now be especially cognizant of the need to remain entirely independent and to limit the exchange of competitively sensitive information until the transaction closes, regardless of whether an agreement has been signed and a closing date is set.”
To read the full article, AHLA members click here.
