A Shifting Approach to Health Care Antitrust: A New Lens for Viewing Transactions & Competition

Since President Biden’s Executive Order in 2021 setting priorities for enforcing antitrust law, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have taken bold action to transform the landscape of health care compliance. Both have indicated that they are changing the lens through which they evaluate health care transactions, with a new focus on stopping conduct that thwarts wage competition and reducing the influence of private equity. Most recently, the FTC proposed a rule banning noncompetes that would have broad implications across our economy, and the DOJ began criminally prosecuting companies entering into alleged no-poach/no-hire agreements. In addition, the FTC has indicated that other policy initiatives, such as ESG, will not serve to offset or justify conduct that it sees as violations of antitrust law.

In a new webinar, Manatt, NYU LAW and NYU Wagner will lead a panel of industry leaders in exploring the implications of the shifting approach to health care antitrust—and the evolving criteria for assessing health care transactions. Topics that will be covered include:

  • The shifts in the health care transactions landscape, and the government’s evolving approach to enforcement
  • The migration from the traditional “consumer welfare standard” to a new “total welfare standard” that considers the impact on all stakeholders—including patients/consumers, workers and government entities—when investigating antitrust cases 
  • A discussion of how new criteria—such as care access, equity and quality—should factor into antitrust evaluations, along with the straight market share and competitive analyses
  • The current scrutiny of hospital mergers that are based on the claim they are necessary to improving health equity and access
  • The challenges surrounding vertical mergers that are alleged to change the incentives of the merging parties
  • The antitrust risks around data collected to improve health care outcomes
  • The consequences resulting from the DOJ’s and FTC’s scrutiny of “big tech”
  • The role of private equity in health care—and the allegations of increasing influence

Date and Time:

Wednesday, March 22
1:00 – 2:00 p.m. ET


Charles Klippel, Faculty Co-Director, Master of Science in Health Law and Strategy, and Professor of Practice, NYU Law


  • Rahul Rekhi, Managing Director, Lazard
  • Christopher Jon Sprigman, Murray and Kathleen Bring Professor of Law, NYU Law
  • David Reichenberg, Partner, Antitrust and Competition, Manatt, Phelps & Phillips, LLP


This program has been approved for 1.0 NY CLE Skills (transitional and non-transitional) and for 1.0 CA MCLE General credit.

If you would like to receive an audio transcript of this webinar due to accessibility issues, please email us at webinars@manatt.com.

This program does not constitute legal advice, nor does it establish an attorney-client relationship. Views expressed by presenters are strictly their own and should not be construed to be the views of Manatt or attributed to Manatt.



pursuant to New York DR 2-101(f)

© 2024 Manatt, Phelps & Phillips, LLP.

All rights reserved