Clifford Chance

FTC Loses in its Attempt to Bind Private Equity Firm Welsh Carson to Alleged Antitrust Violations by U.S. Anesthesia Partners

May 15, 2024

On May 13, 2024, the U.S. District Court for the Southern District of Texas, Houston Division, granted Welsh, Carson, Anderson & Stowe's ("Welsh Carson's") motion to dismiss in Federal Trade Commission v. U.S. Anesthesia Partners, Inc., but denied U.S. Anesthesia Partners, Inc.'s ("USAP's") motion. The Complaint, which was filed on September 21, 2023, by the Federal Trade Commission ("FTC"), alleges that USAP and Welsh Carson, currently a minority investor in USAP, participated in a multi-year anticompetitive scheme to consolidate anesthesia practices in Texas, engage in price-setting arrangements and market allocation agreements with other anesthesia practices, leading to higher prices.

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