The Intersection of Corporate Governance and Antitrust, Part II: New FTC Action Clouds Direction of Corporate Strategic Planning

• November 18, 2022

• Michael W. Peregrine , McDermott Will & Emery LLP
• Stephen Y. Wu , McDermott Will & Emery LLP

The intersection of corporate governance and the antitrust laws was again emphasized by the November 10, 2022 statement of the Federal Trade Commission (FTC Statement[1]) to revitalize its interpretation of the Commission’s authority to challenge “unfair methods of competition” beyond those prohibited by the Sherman and Clayton Acts. The staggering breadth of the FTC’s new interpretation is likely to inject additional uncertainty into the strategic planning process as directed by the health system’s board of directors.