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15 05, 2023

FTC Challenges Antitrust Immunity Under Louisiana COPA

The healthcare market is seeing intense antitrust scrutiny in recent years at both the federal and state level. As the Federal Trade Commission (FTC) and Department of Justice (DOJ) step up their enforcement efforts, some states are exploring avenues to allow healthcare entities to pursue consolidating transactions the state deems beneficial and avoid antitrust challenge. One of them is the use of certificate of public advantages (COPA). A recent slew of antitrust immunity disputes coming out of a healthcare merger in Louisiana brought the use of COPA and state action immunity into the spotlight. [...]

FTC Challenges Antitrust Immunity Under Louisiana COPA
25 04, 2023

SB 172

Provides relative to noncompete clauses in employment contracts. Notwithstanding any provision of law to the contrary, no contract agreement, or provisions of R.S. 23:921 between a healthcare provider and an employing healthcare provider entity, shall be enforceable following an acquisition of that entity. The contract or agreement, or provision thereof, shall be rendered void, unenforceable, and adhesionary.

SB 172