The past 18 months have been a busy time for the staffers investigating hospital mergers at the Federal Trade Commission (FTC). In December 2011, the U.S. Court of Appeals for the 11th Circuit affirmed a district court's denial of an FTC preliminary injunction motion,[1] from which the FTC and Solicitor General in March 2012 filed a petition seeking review by the U.S. Supreme Court (the "Phoebe Transaction"). Also in March, the FTC ruled that the 2010 acquisition of control over a rival health system in the Toledo, Ohio, area would have anticompetitive effects and ordered divestiture;[2] the parties reportedly plan to appeal (the "ProMedica Transaction"). In April 2012, the U.S. District Court for the Northern District of Illinois granted the FTC's request for a preliminary injunction against two hospital systems in Rockford, Illinois,[3] prompting the parties to abandon their proposed transaction (the "OSF/Rockford Transaction").At issue in each of these challenges was … [Read more...] about Hospital Consolidations: Facing Competing Pressures to Merge and Remain Independent
Merge snapshots hyper v 2012
Legislations enacted/ amended in 2013: A snapshot
1. The Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Act, 2012:This Act seeks to amend the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The Act proposes to provide for conversion of any part of debt into shares of a borrower company. The Act proposes to include multi-state co-operative banks in the definition of banks in the existing Act. 2. The Prevention of Money Laundering (Amendment) Act, 2012: The Act expands the definition of offence under money laundering to include activities like concealment, acquisition, possession and use of proceeds of crime. The Prevention of Money Laundering Act, 2002 levies a fine up to Rs five lakh. The Act proposes to remove this upper limit. The Act proposes to introduce the concept … [Read more...] about Legislations enacted/ amended in 2013: A snapshot
Winter Session of the Parliament: Snapshot of the Legislative Agenda
The winter session of the Indian Parliament begins today. The legislative agenda includes 19 Bills currently pending in Parliament for consideration and passage. 14 new Bills are proposed to be introduced. Out of these one will also be taken up for consideration and passing.Two Bills will be withdrawn. These are The Drugs and Cosmetics (Amendment) Bill, 2013 and The Atomic Energy (Amendment) Bill, 1992.The Bills listed for consideration and passing are: The Constitution (122nd Amendment) (GST) Bill, 2014 The Bill was passed by Lok Sabha in May this year. It aims to tax both services and goods, with goods to be taxed by Centre and services to be taxed by States. GST will also subsume services tax, excise duties, stamp duties, entry tax and central sales tax.The Government had not faced any hurdles in getting the Bill passed as Congress staged a walk out and BJD and CPI (M) voted in favour of the Bill. Only AIADMK voted against the Bill with its 37 votes. The ease was dubbed as a … [Read more...] about Winter Session of the Parliament: Snapshot of the Legislative Agenda
Regional Enforcement Snapshot: North Africa re: Investors in the Energy Sector
A profile of recent enforcement actions in the North African states of Morocco, Algeria, Tunisia, Libya, Sudan and Egypt. The report illustrates the need for ongoing caution from investors in the energy sector in the region.MoroccoMorocco scored 39 on the Transparency International Corruption Perceptions Index for 2014 (hereafter the “International Corruption Index”), with 0 being “highly corrupt” and 100 being “very clean.” US regulators use the International Corruption Index as an indicator for directing investigation resources and for justifying countries that should receive additional scrutiny by corporate compliance departments.In its first FCPA enforcement action of the year, on January 22, 2015, the SEC reached a deferred prosecution agreement with The PBSJ Corporation. An officer for the Florida-based engineering and construction firm had offered to funnel funds to a company owned and controlled by a foreign official in order to secure two … [Read more...] about Regional Enforcement Snapshot: North Africa re: Investors in the Energy Sector
CFPB issues 50-state snapshot of student debt
The CFPB has issued a “50-state snapshot of student debt,” which provides student debt data on a state-by-state basis.The report states that the complaint data “reflects over 50,000 student loan complaints and over 10,000 debt collection complaints related to private or federal student loan debt, submitted through September 30, 2017.” The CFPB began accepting private student loan complaints in March 2012, debt collection complaints in July 2013, and federal student loan servicing complaints in February 2016.For each state, the report indicates:Total student loan complaints handledChange in volume of student loan complaints handledTotal debt collection complaints handled related to student loansChange in volume of debt collection complaints handled related to student loansTotal outstanding student loan debt balance as of 2016The percentage changes in complaints volume set forth in the report compare October 2015 through September 2016 with October 2016 to … [Read more...] about CFPB issues 50-state snapshot of student debt