President Trump has been appointed on Monday and promises to take prompt action in some fields. The Andrew Ferguson New Federal Trade Commission (FTC) has already been appointed chairman, and former FTC chairman Lina Khan is expected to resign soon. The Judge's Anti -Trust Bureau (“DOJ”) suggests that AAG's Gale Slator will need to obtain the Senate approval before taking office.
Overall, we believe that the execution of antitrust law in the new administration will be complicated. However, the Biden administration has been criticized in some cases as an antitrust law execution, but a super -party consensus has been obtained in that certain industries, including health care, are too concentrated.
Execution of the Healthcare Exclusive Law under the Biden administration: Active until the end
The Biden administration's FTC and the Judicial Ministry are very aggressive in the healthcare field, not only taking execution measures to various industrial stakeholders (part of it was literally proposed in the last business day of the administration). , While withdrawing, new guidelines and rules were issued. others. Exclusive programs that focus on the Biden administration's healthcare are as follows:
Combine execution: The Biden FTC and the Ministry of Justice have adopted a strict approach to the merger of healthcare, and challenged transactions that could excessively strengthen market control. This includes both the direct merger between competitors and the vertical merger involving companies in various stages of supply chains. Agents often have a weak trend to solve the merger problem with relief measures, and often chose to completely prevent transactions to maintain competition. The administration has scrutinized the role of private equity in the medical industry, especially the acquisition that could lead to exclusive acts.
Survey implementation: The administration has targeted healthcare and anti -competitive practices in the pharmaceutical industry, such as “delay charge” contracts and monopoly in the highest agent. It should be noted that the FTC is investigating the pharmacy benefit managers (“PBM”), investigating their roles and conflicts in drug prices, and retiring from the Biden administration in the last few days. An interim report was announced.
Withdrawal of antitrust medical policy statements and other guidance: Authorities have a policy statement specialized in the long -standing medical field that provides a clear guideline, including a clear safe harbor, about how to do specific acts and transactions in the medical industry without violating the antitrust law. Withdrawal. The withdrawal of the policy statement has led to an uncertainty to companies that develop business in the healthcare field, making it easier to monitor the antitrust law for previously permitted acts.
What will the Federal Medical Execution will be in the future?
Although specific priority items may change by administration, the former Trump administration is pursuing a powerful monopoly law in the medical industry, and it is sufficient to believe that the new Trump administration will resume from where the former administration has interrupted. There is a reason. Here are three specific areas that are notable for the new administration.
More detailed guidance (please)?: We are very related to the analysis of the Healthcare Alliance and the Exclusive Prohibition Law of the joint venture business, and whether the monopoly law guidelines (“cooperation guidelines”) on cooperation between competitors will be revived, or this time this time. I am interested in the introduction of a new guideline in the administration. management. Two Republican FTC members of the Biden administration, including the current new FTC chairman Andrew Ferguson, opposed the previous decision to withdraw the cooperation guidelines, and this decision is a lot of conservative anti -trade. Criticized by critics. Although the healthcare industry is likely to continue to be targeted for the execution of antitrust law, the Trump administration is more likely to take a more business -friendly and realistic approach to the execution, and to revive guidance to industry officials. It's not an amazing action.
“Middleman” still Bogiman?: The Trump administration expects to continue investigating the role of intermediaries in the medical industry, especially PBM, which began under the Biden administration. President Trump has previously criticized that PBM has played a role in raising drug prices, and it is highly likely that investigations will continue to investigate these entities, but one of them is harmful under the Exclusive Law. I still don't know if it will pursue a novel theory rather than sex.
Merger guidelines: Will it survive or disappear (or intermediate)?: As we discussed in previous posts, the FTC and the Ministry of Justice have significantly revised the merger guidelines at the end of 2023. This is a substantial framework used to evaluate whether the proposed transactions are substantially considered to be substantially alleviated based on Article 7 of the Clayton Law. Activities. Only a year has been a year since the new guidelines were enforced, and the two government agencies have filed some lawsuits based on this guideline and have succeeded. Furthermore, although they are very controversial, the new FTC chairman Andrew Ferguson recently stated: I don't think you should fall into the cycle of withdrawing the guidelines every time the chairman changes. Anyone thinks that guidelines only have a very specific taste of a particular political party, and that guidelines will be useless for anyone. However, in the same interview, he said, “I am willing to reform them.”
Conclusion
It is expected that the execution law enforcement in the medical field is almost consistent between each administration, but the difference is that it will be clear for President Trump. And even if the anti -trading authorities have changed their priority or approach under President Trump, the change has passed a new anti -trade method that focuses on medical care in recent years, and has introduced an aggressive execution system. It will not affect many states such as California.
