Why Some Small Deals Are Getting A Lot Of Antitrust Scrutiny

Deals worth far less than the cutoff for reportable transactions per Hart-Scott-Rodino (currently $75.9 million), and as low as the “single digit millions,” are drawing the attention of regulators, write DLA Piper attorneys Steven Levitsky and Paolo Morante. They look at one case-in-point – the acquisition of a physician group by a not-for-profit health care system in a small town in Idaho, a deal that had be unwound after two years – and what drew the attention of the FTC. They conclude with a list of ten essentials to keep in mind before entering into any non-reportable transaction.