Survival vs. Antitrust: Inside The FTC's Strict Standards For “Failing” Hospital Acquisitions

The FTC enforces strict criteria for the failing firm defense in hospital acquisitions, requiring proof of imminent business failure, inability to reorganize, and a lack of alternative buyers to approve mergers that may otherwise reduce competition. This approach impacts financially pressured rural hospitals seeking buyers from larger systems that can also be competitors amid rising closure risks and Medicaid cuts.

This Wire brief sits within Fusion42's coverage of Healthtech Infrastructure.