Access to Capital: Managing the Antitrust Risks Associated With Mergers and Affiliations

As part of this session, we will discuss:

• Mergers and other affiliations as a common way for hospitals and health systems to access capital, and an overview of trends in this area
• The increasing scrutiny of hospital and health system mergers by regulators (FTC, principally, but also DOJ and state AGs)
• An overview of recent enforcement activity: What kinds of transactions are generating enforcement actions? What are the common threads?
• How to manage the antitrust review process
• The importance of engaging counsel and the role of protective privileges
• How to avoid the creation of deal-killing documents
• Hart-Scott-Rodino filing — when it is necessary and how to manage the process
• An assessment of the economic impact and early judgments on the likelihood of enforcement scrutiny
• What does a challenge (a second request, litigation, and so forth) look like?
• How to manage the cost and delays caused by regulatory review, and what to expect

Speakers

• Roger D. Strode, Moderator, Partner, Foley & Lardner LLP
• David W. Simon, Partner, Foley & Lardner LLP
• Alan D. Rutenberg, Partner, Foley & Lardner LLP
• Lawrence Wu, President, NERA Economic Consulting

The Access to Capital Web Conference Series provides participants with needed information in the most efficient manner possible — only a telephone line and Internet access are required to participate — allowing you to stay up-to-date with timely information from anywhere in the nation.

For more information, please visit Foley.com or contact Zulaikha Rahim at zrahim@foley.com.