In the News

Lindsey Wilson Contributes Article to Antitrust Health Care Chronicle

Examines FTC’s Recent Enforcement Action; Contrasts FTC, DOJ Use of Crown Jewel and Up-Front Buyer Provisions

March 2013

Lindsey Wilson, senior attorney in the Business and Commercial Litigation Practice Group and resident in the Firm’s Bloomfield Hills Office, authored an article that appears in the March 2013 issue of Antitrust Health Care Chronicle, a publication of the Health Care and Pharmaceuticals Committee of the Antitrust Section of the American Bar Association.

Wilson’s article, “The FTC’s Universal Health Services Consent: Increased Flexibility with the Use of Crown Jewels and Up-Front Buyers,”  uses the Federal Trade Commission’s recent enforcement action in connection with its investigation of a merger of two acute inpatient psychiatric services providers as a launch point for a detailed examination of how the FTC and the Department of Justice look at, and sometimes differ in their consideration of, two types of provisions often included in merger-related divestiture orders: crown jewels and up-front buyers.

Wilson observes that while the FTC and DOJ continue to evolve in their recognition and use of these two provisions, the FTC appears “on paper and in practice” more flexible with respect to the use of up-front buyers and crown jewels.

To read this article in its entirety, click here.