In this Issue:
United States
1.
FTC to study impact of physician group and health care facility mergers.
As part of its Merger Retrospective Program, on Jan. 13, 2021, the FTC issued an Order to File a Special Report to six health insurance companies. The FTC plans to use information gathered through the Special Report (e.g., patient-level data from 2015 to 2020) to analyze the competitive impact of physician and health care facility consolidation, as well as mergers and acquisitions, in markets for health care services.
2. FTC approves final order imposing conditions on combination of Pfizer Inc.’s Upjohn and Mylan N.V.
On Jan. 28, 2021, the FTC announced its final order approving the combination of the Upjohn division of Pfizer Inc. and Mylan N.V. in a spinoff, forming Viatris Inc. The FTC alleged that the proposed acquisition would harm competition in generic drug markets. The final order requires the parties to divest certain rights and assets in seven current generic
Friday, February 5, 2021
China
On Jan. 21, 2021, the People’s Bank of China (PBOC), China’s central bank, issued the draft Regulations on Non-bank Payment Institutions for public comment (Draft Regulations). The Draft Regulations aim to “strengthen the supervision and management of non-bank payment institutions, regulate the behavior of non-bank payment institutions,” and “prevent payment risks.” The Draft Regulations are widely seen as the most recent iteration of China’s enhanced enforcement of antitrust laws vis-à-vis the tech sector, which culminated in November 2020 when governmental authorities ordered the suspension of the Ant Group’s IPO.
The Draft Regulations provide that the PBOC may recommend that the State Administration of Market Regulation (SAMR), China’s antitrust enforcement agency, take measures against non-bank payment institutions, such as suspending the operations, enjoining activities which constitute an abuse of market dominance,