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In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

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Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

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Dale Grimes Quoted in Becker's Hospital Review About FTC Retrospective Reviews

Becker's Hospital Review

Media Mentions

December 3, 2013

Bass, Berry & Sims antitrust attorney Dale Grimes was quoted in the article "When the FTC Looks Back: Implications of Retrospective Reviews of Hospital Mergers" from December 3 on Becker's Hospital Review.

The article reviews the Federal Trade Commission's (FTC) recent focus on retrospective antitrust reviews – reviews that occur after a merger has already been consummated. The healthcare industry was an early target of these efforts, as evidenced by the FTC's Hospital Merger Retrospectives Project in 2002. With the heavy increase in consolidation in the industry due to healthcare reform, the FTC has intensified its activities in this area as shown by the disclosure of numerous retrospective investigations of consummated hospital mergers.



Although a merger or acquisition does not have to be reported to the FTC in the pre-merger stage unless it crosses a certain "size of the transaction" threshold – approximately $71 million at present – it still may be reviewed before or after closing for tending to threaten competition in its particular market. Certain post-closing conduct can provide evidence of harm to competition. Hospitals and other healthcare providers need to be aware of this risk and ways to reduce exposure to potential liability or cost of an investigation.

The article outlines the Federal Trade Commission's recent focus on retrospective antitrust reviews. The article can be viewed on Becker's Hospital Review website.


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