AHA, FAH file amicus brief in lawsuit against FTC for changes to premerger notification rule

The AHA and Federation of American Hospitals Aug. 8 filed an in the U.S. District Court for the Eastern District of Texas in support of the U.S. Chamber of Commerce’s against the Federal Trade Commission, explaining that changes made by the FTC to premerger notification rules under the Hart-Scott-Rodino Act are “unnecessary and unlawful.”
The AHA and FAH stated in the brief, “The FTC’s existing notification process had functioned well for decades and earned accolades from many quarters, and the agency itself had lauded its longstanding regime. But in the regulation under review, the FTC abruptly revamped that process in a manner that severely undermines its efficiency without enhancing its efficacy.”
The FTC in October 2024 to the premerger notification rules, form and instructions under the HSR Act. The AHA expressed concern about the FTC’s changes when the rule was initially , warning the rule would increase the cost and complexity for routine mergers and acquisitions, which would ultimately “divert time and resources from patient care toward needless compliance costs.”