Antitrust & Trade Regulation, Mergers & Acquisitions, Health Law

Hospital-Physician Mergers: Practical Issues and Steps to Minimize Antitrust Risk

by William Berlin | Ober|Kaler on 4/26/2013

Recently, hospitals have been actively acquiring primary care and specialty physician groups, resulting in the employment of those physicians. This trend has occurred largely in response to reimbursement changes and other...more

FTC and Idaho AG Sue, Challenge St. Luke’s Acquisition of Saltzer Medical Group

by King & Spalding on 3/20/2013

The Federal Trade Commission (FTC), together with the Idaho Attorney General, have filed a complaint (the “joint complaint”) under seal in Federal district court seeking to block the acquisition of Saltzer Medical Group P.A.,...more

“Wide-Ranging Investigation” Leads FTC and Idaho AG to Join Ongoing Antitrust Lawsuit Challenging Acquisition of Idaho’s Largest...

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 3/19/2013

After dodging an attempt by two of its competitors to stop the closing of its acquisition of Saltzer Medical Group (“Saltzer”)—a for-profit, physician-owned, multi-specialty group comprising approximately 44 physicians...more

Insurance Antitrust Legal News - March 2013 • Volume 2, Number 2

by James M. Burns | Dickinson Wright on 3/5/2013

In This Issue: - MULTIPLE BILLS INTRODUCED IN CONGRESS TO REPEAL HEALTH INSURERS’ ANTITRUST EXEMPTION: Over the course of the last two months, four separate bills have been introduced in the House of Representatives...more

Supreme Court Limits State Action Immunity In Federal Trade Commission v. Phoebe Putney Health Systems

by Susan E. Foster, Cori Gordon Moore | Perkins Coie on 3/4/2013

In a closely watched decision, a unanimous U.S. Supreme Court has reversed an 11th Circuit decision that invoked the state action doctrine to prevent the Federal Trade Commission (FTC) from challenging a state hospital...more

High court scales back antitrust exemption

by Jarod Bona on 2/28/2013

This Daily Journal article analyzes the United States Supreme Court decision of Federal Trade Commission v. Phoebe Putney Health System, Inc, which held that a state's grant of general corporate powers to government entities...more

Supreme Court Reins in State Action Immunity

by Baker, Donelson, Bearman, Caldwell &... on 2/28/2013

Last week a unanimous Supreme Court issued its highly anticipated opinion in FTC v. Phoebe Putney Health System, Inc., addressing the "State action" exemption from application of the federal antitrust laws for the first time...more

Merger-To-Monopoly Held Not Protected By State-Action Immunity

by Matthew Hans, Mitchell Raup | Polsinelli on 2/27/2013

The U.S. Supreme Court on February 19th scaled back the "state action immunity" doctrine, siding with the Federal Trade Commission on an issue that had divided the lower courts and holding that a county Hospital Authority's...more

The Supreme Court Tightens Up State-Action Immunity: Justices Rule that Phoebe-Putney/Palmyra Transaction Is Not Immune from...

by Michael Denniston, Jay L. Levine | Bradley Arant Boult Cummings LLP on 2/27/2013

On February 19, 2013, the Supreme Court unanimously held that the effective acquisition of Palmyra Medical Center (“Palmyra”) by Phoebe Putney Health System, Inc. (“PPHS") in Southwestern Georgia was not immune from antitrust...more

Supreme Court Unanimously Rejects Antitrust Immunity in Hospital Merger Case

by Robert Buchanan, Jr., Michael Gass, Julia Hesse, Christine Savage | Choate Hall & Stewart LLP on 2/26/2013

What you need to know: The Supreme Court issued a unanimous decision siding with the FTC against a hospital merger in Georgia. What you need to do: Companies should conduct careful analysis before investing...more

Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct

by Daniel E. Hemli, Jacqueline R. Java | Bracewell & Giuliani LLP on 2/25/2013

On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the...more

Supreme Court Limits State Action Immunity In FTC v. Phoebe Putney Health System, Inc.

by Melissa Hatch, Jan Levine | Pepper Hamilton LLP on 2/25/2013

On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more

Supreme Court Hands FTC Victory on State Action Immunity

by Jessica Anthony, Leslie John, Jason Leckerman | Ballard Spahr LLP on 2/22/2013

In a unanimous opinion, the U.S. Supreme Court this week tightened the standard for state action immunity under federal antitrust laws in a case involving a hospital merger. This decision arguably tightens the reins on the...more

Placing Limits on the State Action Doctrine, the Supreme Court Subjects Local Government Hospitals to Scrutiny under the Antitrust...

by Ryan Blaney, Monte Dube, Helene Jaffe, Alan Kusinitz, Andrew Wellin, Richard Zall | Proskauer Rose LLP on 2/22/2013

Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have responded to these developments in several ways. One such mechanism, hospital...more

Supreme Court Rules for FTC in Hospital Merger Case

by Swati Rawani, Willard Tom | Morgan Lewis on 2/22/2013

Holding in Phoebe Putney case narrowly construes state-action exemption to antitrust laws. On February 19, in Federal Trade Commission v. Phoebe Putney Health System, Inc., the U.S. Supreme Court unanimously reversed a...more

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

by Robert G. Kidwell, Farrah Short, Bruce D. Sokler | Mintz Levin - Antitrust on 2/22/2013

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

"US Supreme Court Narrows State-Action Doctrine in Hospital Merger Challenged by FTC"

by Clifford Aronson, Alec Chang, Sharis Pozen, Joanna Warren | Skadden, Arps, Slate, Meagher & Flom LLP on 2/22/2013

In a unanimous decision issued on February 19, 2013, the U.S. Supreme Court ruled that the state-action doctrine did not immunize Phoebe Putney Health System’s acquisition of Palmyra Park Hospital in Albany, Georgia.1 The...more

Supreme Court Holds Antitrust Law Applies to State Hospital Authority Transaction

by Jonathan Lewis, Lee Simowitz | BakerHostetler on 2/21/2013

In one of the most closely watched healthcare antitrust cases in years, the Supreme Court issued its decision in the FTC merger challenge to a Georgia hospital merger, Phoebe Putney Health System’s acquisition of Palmyra...more

FTC v. Phoebe Putney Health System, Inc.: Supreme Court rules state law does not offer blanket protection from antitrust laws

by Jarod Bona on 2/21/2013

The United States Supreme Court issued a decision limiting antitrust immunity for state-sanctioned conduct. The Court unanimiously overturned the Eleventh Circuit's ruling allowing Phoebe Putney Health System, Inc. to acquire...more

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Antitrust & Trade Regulation › Mergers & Acquisitions › Health Law