Bass, Berry & Sims attorney Luke Smith commented on expectations for what the incoming presidential administration holds for antitrust policy in the healthcare industry. Contrary to some expectations, Luke said he expects a fair amount of continuity in antitrust reviews of healthcare transactions.
“I don’t think the stereotype is true that they won’t enforce merger laws vigorously,” Luke said, adding that he expects the second Trump administration will maintain “meat and potatoes” enforcement of antitrust laws.
Luke does forecast one area where he expects a significant difference from the Biden administration: He expects the incoming administration will be much less likely to pursue new legal theories regarding vertical integration transactions, such as when an insurer acquires a pharmacy benefit manager.
The full article, “What the Trump Administration Could Mean for the Health Care Industry, from Hospitals to Pharma,” was published by STAT News on November 11 and is available online (subscription required).
Alongside colleagues Ashleigh Karnell and Frank Pellegrino, Luke presented at a recent webinar on changes to the pre-merger notifications required under the Hart-Scott-Rodino Act, “New Rules, New Hurdles: How the New HSR Rules Will Impact How You Do Deals.” Click here to watch the on-demand version of this webinar.