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Comment: In Partners case, DOJ lets Massachusetts take lead role

By Leah Nylen ( November 17, 2014, 14:55 GMT | Comment) -- In the Partners Healthcare case, the US Department of Justice is in the unusual position of standing on the sidelines while Massachusetts pursues a controversial conduct remedy related to the proposed mergers. DOJ’s posture in the case — it supports the Massachusetts attorney general but hasn’t signed on to the deal or closed its own investigation — is likely the result of several factors, including the federal antitrust agencies’ general opposition to conduct remedies and the particular regulatory situation of healthcare in Massachusetts.In the Partners Healthcare case, the US Department of Justice is in the unusual position of standing on the sidelines while Massachusetts pursues a controversial conduct remedy related to the proposed mergers. DOJ’s posture in the case — it supports the Massachusetts attorney general but hasn’t signed onto the deal or closed its own investigation — is likely the result of several factors including the federal antitrust agencies’ general opposition to conduct remedies and the particular regulatory situation of healthcare in Massachusetts....

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