On 9 July 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy (“EO”) that takes aim, in part, at the healthcare industry. Although the EO is intended to promote competition across several industries, it affirms the Biden Administration’s policy of vigorous antitrust enforcement in insurer, hospital, and prescription drug markets. The EO addresses hospital and health system transactions directly, and states that “hospital consolidation has left many areas, particularly rural communities, with inadequate or more expensive healthcare options.” Separately, and not limited to healthcare, the EO targets non-competition agreements that may impact workers by encouraging the Federal Trade Commission (“FTC”) to consider exercising the FTC’s statutory

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