The United States Federal Trade Commission (FTC) typically relies on a “three-legged stool” to build cases challenging healthcare mergers: customer testimony, economic evidence, and ordinary course documents. The interplay of these three types of evidence has led to recent healthcare merger wins, such as Hackensack/Englewood, and setbacks, such as Jefferson/Einstein. NERA Managing Director Dr. Subbu Ramanarayanan was retained by Jefferson Health and Albert Einstein Health Care Network to provide expert testimony. Dr. Ramanarayanan’s testimony covered issues relating to relevant product and geographic market definition as well as competitive effects.
Dr. Ramanarayanan will speak on Jefferson/Einstein, the FTC’s strategy for challenging mergers, and new types of evidence at the American Health Lawyers Association (AHLA) Transactions conference. On 25 April, he will participate in the panel “Evidence in Hospital Mergers: What Tips the Scale?” with McDermott Will & Emery Partner Ashley Fischer and Axinn, Veltrop & Harkrider LLP Partner Peter Herrick.