Bruce D. Sokler

Bruce D. Sokler

Mintz Levin

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Latest Posts › Hospital Mergers


Federal Court Relies on “Evolving Landscape of Health Care” Post-Affordable Care Act to Reject FTC Challenge to Hospital Merger

Judge takes “the healthcare world as it is, and not as the FTC wishes it to be.” “We find it no small irony that the same federal government under which the FTC operates has created a climate that virtually compels...more

5/12/2016 - Affordable Care Act Antitrust Litigation FTC Hospital Mergers Preliminary Injunctions

West Virginia AG Clears Merger Creating Second Largest Hospital Chain in the State with Conduct Remedy

The federal antitrust enforcement agencies have trumpeted their preferences for structural, as opposed to conduct, remedies as the solution to potentially anticompetitive mergers. In contrast, State Attorneys General have...more

8/3/2015 - Anticompetitive Agreements Antitrust Provisions Attorney Generals FTC Health Care Providers Hospital Mergers Non-Compete Agreements Physicians Sherman Act

Ninth Circuit Affirms FTC’s Challenge to Hospital-Physician Group Merger, While Rejecting Efficiencies and Health Care Quality...

In a much anticipated appellate health care antitrust decision, the United States Court of Appeals for the Ninth Circuit upheld a district court’s finding that a consummated hospital-physician group merger violated Section 7...more

2/12/2015 - Antitrust Litigation FTC Healthcare Hospital Mergers Hospitals Physicians St. Luke's The Clayton Act

Supreme Court Unanimously Rules Unforeseeability Bars Immunity Defense for Allegedly Anticompetitive Hospital Merger

On February 19, 2013, the U.S. Supreme Court unanimously held that state-action immunity does not protect a state-created hospital authority from antitrust scrutiny over a proposed hospital merger where the anticompetitive...more

2/22/2013 - Acquisitions FTC FTC v. Phoebe Putney Health System Government Entities Governmental Immunity Governmental Liability Hospital Mergers Hospitals Monopolization SCOTUS

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