Mergers & Acquisitions

Editors (5)

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Holland & Knight LLP

Chauncey Lane

Executive Editor, Mergers & Acquisitions
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Garrett, PLLC

Shawn Garrett

Contributing Editor, Mergers & Acquisitions
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Walter & Haverfield LLP

Sachin Java

Contributing Editor, Mergers & Acquisitions
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K&L Gates LLP

Lisa R. Stark

Contributing Editor, Mergers & Acquisitions
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MONTH-IN-BRIEF (May 2024)

States Seek to Tackle Antitrust Issues in the Healthcare Industry

By Malcolm Deisz, University of St. Thomas – School of Law

The healthcare industry in the United States is growing rapidly. Forecasts show the industry is estimated to generate over $800 billion annually by 2027.[1] Given the substantial growth and increasing revenues, it’s unsurprising that businesses are increasingly seeking to invest. Private equity involvement in the industry has grown substantially in past years.

While mergers and acquisitions in the healthcare field are not exempted from the plethora of federal regulations and enforcement in the M&A industry, many private equity acquisitions fall below most federal thresholds. In 2024, the Federal Trade Commission (FTC) increased the minimum threshold for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act from $111.4 million to $119.5 million.[2] Studies indicate that a large percentage of healthcare mergers and acquisitions fall well below this reporting threshold; approximately 90 percent of private equity healthcare transactions are exempt from federal regulatory review because they fell below the mandatory reporting threshold.[3] Concerns have been noted because these transactions, though smaller than some of the more massive deals occurring in the industry, can significantly impact the level of competition, particularly in smaller healthcare markets.[4]

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