This is a postscript to articles published here starting on September 29, 2023 and continuing on October 2, 2023 and on October 4, 2023 about the complaint filed in September 2023 by the Federal Trade Commission against U.S. Anesthesia Partners, Inc., et al. This was the first time that the FTC sued a private equity firm for allegedly increasing the price and thereby restricting the availability of patients' care.
Although large swaths of the Federal Trade Commission's allegations were blacked out or redacted in the version of the FTC complaint that was filed at the inception of the lawsuit in September 2023, a "Redacted Public Version" of the complaint has since been made available to the public. FTC v. U.S. Anesthesia Ptrs., Inc., "Redacted Public Version" of Complaint, DE 69, filed Oct. 26, 2023 (S.D. Tex. Case No. 4:23-cv-03560), Download FTC v. U.S. Anesthesia Ptrs Inc. Redacted Public Version (of FTC Complaint) DE 69 filed Oct. 26 2023 (S.D. Tex. No. 4.23-cv-03560). The amounts by which the defendant private equity firm increased its profits or received in revenues remain blacked out, for some reason. For example, see Paragraph 21, page 11 of Download FTC v. U.S. Anesthesia Ptrs Inc., Redacted Public Version (of FTC Complaint) DE 69 filed Oct. 26 2023 (S.D. Tex. No. 4.23-cv-03560).
It is worth noting that a group called The American Investment Council has been permitted to file an amicus brief. The Federal Rules of course require the issues and Argument on each issue to be stated on the Table of Contents page of briefs. In this case, the AIC's very first stated Argument is that "private equity greatly benefits the American economy." FTC v. U.S. Anesthesia Ptrs., Inc., Brief of the American Investment Council as Amicus Curiae, p. iii, DE 117, filed Jan. 3, 2024 (S.D. Tex. No. 4:23-cv-03560), Download FTC v. U.S. Anesthesia Ptrs Inc., Brief of American Investment Council as Amicus Curiae DE 117 filed Jan. 3 2024 (S.D. Tex. No. 4.23-cv-03560).
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