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President Biden issued Executive Order 14036 on July 9, 2021, calling for a “whole-of-government approach” to promote competition across many industries, including healthcare. The order establishes a White House Competition Council tasked with working “across agencies to provide a coordinated response to overconcentration, monopolization, and unfair competition in or directly affecting the American economy… .”
In most respects, the order signifies a reaffirmation of antitrust initiatives of this (and prior) administrations, rather than a profound shift of enforcement priorities. The order does not change any current law. However, the order foreshadows an aggressive enforcement climate in which mergers and various forms of competitive conduct – particularly in the healthcare sector – are certain to be closely scrutinized. Now more than ever, it is critical that healthcare providers keep antitrust considerat
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