The US FTC announces consent agreement to address its concerns that a proposed acquisition would reduce competition in the provision of acute inpatient psychiatric services in three local markets (Universal Health Services / Psychiatric Solutions)

On November 15, the Federal Trade Commission (FTC) announced a proposed consent agreement to address the agency’s allegations that the $3.1 billion acquisition of Psychiatric Solutions, Inc. by Universal Health Services, Inc. (UHS) would reduce competition in the provision of acute inpatient psychiatric services in three local markets. According to the FTC, the proposed decision and order will preserve competition by requiring the parties to divest psychiatric facilities in each of the local markets to an FTC-approved buyer (or buyers). Notably, the decision and order does not designate a buyer that the agency already has approved – a so-called “upfront buyer.” This continues a trend in FTC merger enforcement over the past few months that suggests

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
  • Kirkland & Ellis (New York)

Quotation

Steven C. Sunshine, Alec Y. Chang, Ian G. John, The US FTC announces consent agreement to address its concerns that a proposed acquisition would reduce competition in the provision of acute inpatient psychiatric services in three local markets (Universal Health Services / Psychiatric Solutions), 15 November 2011, e-Competitions Bulletin November 2010, Art. N° 45406

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