Realistically this compliance and assistance should be sought and used before, during and after negotiations with other health care organizations with which this organization might merge or enter a joint venture. Furthermore, the proposed contract itself should be passed by the FTC's Office of the General Counsel or its designee for approval before final ratification of the contract.
3. Conclusion
In order to merge and operate in a joint venture acceptable to the FTC, the organization must be mindful of Title 15 of the U.S. Code, specifically Section 7 of the Clayton Act, 15 U.S.C. § 18, Sections 1 and 2 of the Sherman Act, 15 U.S.C. § 1, 2, and Section 5 of the Federal Trade Commission Act. In addition, due to the FTC's recent special interest in the mergers/joint ventures of health care organizations, particularly but not solely in connection with price fixing, the organization should assume that the FTC will take special interest in any merger/joint venture achieved by this organization. Ultimately, due to the complexity of the laws and the FTC's special interest in health care organizations, this merger/joint venture should be approached with competent and experienced legal counsel, complying with the FTC's "Horizontal Merger Guidelines" and transparently seeking the assistance of the Office of the General Counsel or its designee before, during and after negotiations with another organization with merger/joint venture in mind.
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