Kristina Longo

Ober|Kaler

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State Action Doctrine Tested by Supreme Court for Second Time in Two Years

After nearly two decades of silence on the state action doctrine, on October 14, 2014, the United States Supreme Court heard oral argument in the Court’s second case on the subject in two years: The North Carolina Board of...more

10/27/2014 - FTC Market Participants NC Board of Dental Examiners v FTC Oral Argument SCOTUS State Action Doctrine

United States Supreme Court to Revisit State Action Doctrine

Which exercise of safeguarding the people will prevail: a State’s regulation of professionals providing services to its citizens, or the antitrust agencies’ protection of consumers against anticompetitive conduct? The United...more

5/12/2014 - Anticompetitive Agreements Antitrust Litigation FTC SCOTUS State Action Doctrine

FTC's Challenge to Phoebe Putney Merger Ends in Settlement Without Divestiture

On August 22, 2013, the FTC accepted, subject to final approval, a Consent Agreement Containing Order from Respondents Phoebe Putney Health System, Inc., Phoebe Putney Memorial Hospital, Inc., Phoebe North, Inc. (collectively...more

9/17/2013 - Certificate of Need Competition Divestiture FTC FTC v. Phoebe Putney Health System Hospitals Settlement

State Action Immunity Does Not Apply Without Clear State Policy

The United States Supreme Court’s recent decision in FTC v. Phoebe Putney Health System, Inc., No. 11-1160, 568 U.S. __ (2013), makes clear that a state’s authorization to act in a manner with potentially anticompetitive...more

4/25/2013 - Antitrust Litigation Competition FTC Governmental Immunity Governmental Liability Hospitals Immunity State Action Doctrine

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