- videocam Live Webinar with Live Q&A
- calendar_month December 16, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Health
- schedule 90 minutes
Healthcare Antitrust Enforcement Defenses: Failing Firm, Entry and Repositioning, Procompetitive Efficiencies
Lessons Learned From DOJ and FTC Merger Guidelines, Recent Agency Guidance, and Notable Enforcement Action
Welcome to BARBRI, the trusted global leader in legal education. Continue to access the same expert-led Strafford CLE and CPE webinars you know and value. Plus, explore professional skills courses and more.
About the Course
Introduction
This CLE webinar will examine rebuttal defenses to federal anticompetitive enforcement actions in the healthcare industry and the likelihood of success under increased DOJ and FTC scrutiny. The panel will discuss the failing firms, entry and repositioning, and procompetitive efficiencies arguments as described in the DOJ and FTC Merger Guidelines and examine the latest agency guidance and notable enforcement actions to determine lessons that may be learned and best practices when defending against federal antitrust actions.
Description
As healthcare M&A deals continue to trend upward, counsel representing parties to the deal should be aware of available defenses as these transactions continue to draw increased scrutiny and anticompetitive enforcement action by the federal government, particularly the FTC and DOJ.
The DOJ and FTC Merger Guidelines describe rebuttal evidence that may be used to demonstrate that a deal will not substantially lessen competition, including failing firms, entry and repositioning, and procompetitive efficiencies defenses. However, these defenses may be construed narrowly and viewed with skepticism by the courts and agencies. Therefore, counsel should be up to date on the latest agency guidance and outcomes from notable enforcement actions to better understand how to strategically use these defenses.
For example, the FTC recently released a statement related to an acquisition of Fairfield Medical by Adena Health providing additional guidance on using the failing firm defense. The statement identifies factors the agency considers when evaluating whether a seller conducted an adequate search for alternative buyers and provides best practices when searching for buyers.
Listen as our authoritative panel discusses rebuttal defenses to federal anticompetitive enforcement actions in the healthcare industry, examines lessons to be learned from recent agency guidance and notable enforcement actions, and offers best practices for developing defense strategies.
Presented By
Mr. Gilman provides strategic antitrust counsel to companies navigating mergers, acquisitions, investigations, and litigation by the FTC, DOJ, and state attorneys general. His deep understanding of agency processes stems from seven years at the FTC, where he served as the assistant director of the Mergers IV Division, leading a team of 30 attorneys and overseeing some of the agency’s most high-profile merger investigations and litigation. Mr. Gilman draws on this government experience to guide clients through complex antitrust issues, including merger reviews and clearances, deal negotiations, HSR and foreign filings, government investigations, compliance, and litigation. His insight into enforcement policies, procedures, and priorities enables him to anticipate challenges and craft effective strategies to reduce antitrust risks and maximize the chances of deal clearances. Mr. Gilman has represented Fortune 100 companies, nonprofits, and other organizations across industries such as health care, retail, consumer goods, technology, financial services, pharmaceuticals, food and beverage, gaming, and energy, among others. He focuses his practice on advising merging parties and third parties in merger investigations and litigation, leveraging his FTC background to deliver practical, informed counsel.
Mr. Snyder provides comprehensive antitrust services, including merger clearance, litigation, and counseling. He regularly represents industry-leading clients before the U.S. Justice Department Antitrust Division, the Federal Trade Commission, and state attorneys general, including clients seeking antitrust clearance for strategic mergers and acquisitions. Over two decades in private practice and government service, Mr. Snyder has developed particular depth and experience in the health care, financial services, transportation, telecommunications, and building materials sectors. Before joining the firm, he served as counsel to the assistant attorney general in charge of the Antitrust Division of the U.S. DOJ, where he was an integral part of the leadership team that set U.S. competition policy and supervised the federal government’s civil and criminal enforcement activities. Mr. Snyder also served for more than a decade as a senior trial attorney in the Antitrust Division, leading many of the government’s most significant merger and conduct investigations and litigations during that period.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Wednesday, December 16, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: brief history of increased antitrust scrutiny by DOJ and FTC of healthcare M&A transactions
II. Available federal defenses
A. Failing firms
B. Entry and repositioning
C. Procompetitive efficiencies
III. Lessons to be learned from recent agency guidance and notable enforcement action
IV. Best practices for developing defense strategies
V. Key takeaways
The panel will review these and other important issues:
- Why have healthcare M&A deals come under increased federal scrutiny in recent years?
- What are available rebuttal defenses as described in the DOJ and FTC Merger Guidelines?
- What lessons may be learned from agency guidance and enforcement action on developing strategies using these defenses?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses
Healthcare Antitrust Enforcement Defenses: Failing Firm, Entry and Repositioning, Procompetitive Efficiencies
Wednesday, December 16, 2026
1:00 PM ET/10:00 AM PT
Challenges in Negotiating Clinical Trial Agreements: Research Rights, Privacy, Risk Allocation, and AI
Tuesday, December 1, 2026
1:00 PM ET/10:00 AM PT
Buying and Selling Physician Practices: Legal and Business Considerations, Transaction Structure, Key Provisions
Thursday, December 3, 2026
1:00 PM ET/10:00 AM PT
Recommended Resources
Navigating Modern Legal Challenges: A Comprehensive Guide
- Business & Professional Skills
- Career Advancement