The ACCC 47
th Annual Meeting & Cancer Center
Business Summit (AMCCBS) took place virtually, March 1-5. The
Summit serves the prominent thought leadership forum and annual
conference on matters of policy, business strategies, business
models, hospital alignment, and best business practices in
community oncology.
The Next Wave in Oncology Transactions - Marketplace
Considerations, Transaction Structures and Antitrust
Foley Partner Adria Warren, along with Curtis Bernstein
(Principal at Pinnacle Healthcare Consulting), Josh Eaves (Senior
VP, Strategic Partnerships and Acquisitions at Alliance Oncology),
and Brad Prechtl (CEO at American Oncology Network, LLC), explored
the newest trends and opportunities available to community
providers and hospitals in oncology transactions.
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While the majority of states have had price gouging laws on the
books since before the pandemic, widespread pandemic price gouging
has led states without laws to reconsider. Some states, like
Colorado, passed price gouging legislation mid-pandemic, but other
states, including New Hampshire and Washington, are now playing
catch up.
On March 23, 2021, New Hampshire State Senators introduced Bill 138, which aims to combat price gouging in
the state. With bipartisan support, the legislation would prohibit
price gouging of necessities, including food for
human or animal consumption, potable water, pharmaceutical products
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The Department of Justice ( DOJ ) announced yesterday
a criminal indictment returned by a federal grand jury in Las
Vegas, Nevada charging a health care staffing company and its
former manager of entering into and engaging in a conspiracy with a
competitor to allocate and fix the wages of employee nurses in
violation of Section 1 of the Sherman Act (15 U.S.C. § 1).
According to the one-count felony indictment filed in the District of
Nevada, VDA OC LLC (formerly Advantage On Call LLC)
( Advantage ) and Company A, both health care
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The U.S. healthcare system has been undergoing significant
changes since the passage of the Affordable Care Act in 2010, which
helped precipitate a wave of hospital and healthcare system
consolidation, as providers sought out ways to achieve scale to
reduce costs and improve quality.
Over the same period of time, the U.S. Federal Trade Commission
(FTC) and Department of Justice, Antitrust Division (DOJ) continued
to closely scrutinize provider transactions. The FTC in
particular reinvigorated its hospital merger enforcement in the
early 2000s and successfully challenged a number of hospital
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During the COVID-19 pandemic, governments across the globe have
become increasingly involved in the private sector.
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State-owned enterprises have long been common in Asia, but the
pandemic has increased their prominence in Europe. In Italy and
Norway, for instance, governments are taking equity stakes in the
airline industry to help distressed companies. Now, with vaccine
manufacturing ramping up, it makes sense that governments would
intervene in the life sciences and pharmaceutical sectors as well.
In our article published earlier this month on, we analyzed the