Vieux Details Effects of FTC Not-For-Profit Guidance on Health Care Industry

Shook Of Counsel Steve Vieux has authored an overview of the Federal Trade Commission's (FTC's) informal guidance on "the coverage and reportability of transactions involving not-for-profit entities under the Hart-Scott-Rodino (HSR) Act and Rules." The article, published by the American Health Lawyers Association, discusses which transactions may be subject to the Premerger Notification Office's (PNO's) guidance, which "warns parties and their counsel to no longer focus solely on whether an affiliation results in a change in control of the not-for-profit entity’s board of directors to determine whether a reportable acquisition has occurred." Further, Vieux explains, the guidance "describes the differing types of transactions the PNO usually sees involving not-for-profits to explain which types of transactions would fall under HSR’s not-for-profit exemption to reportability."