Antitrust Advisory: Latest Chapter in Evanston Hospital Antitrust Saga: Class Certification Denied in Private Antitrust Case

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Evanston Northwestern Healthcare Corporation (ENH) was the target of the Federal Trade Commission (FTC)’s signature retrospective challenge to a consummated hospital merger. The FTC successfully challenged the January 2000 merger between ENH and Highland Park Hospital. The FTC staff had sought divestiture as a remedy, but the FTC ultimately chose to impose conduct remedies, requiring the merged hospitals to each contract separately with payors. Now, the Evanston saga continues to spawn notable antitrust jurisprudence as, in a follow-on private antitrust suit challenging the merger, the United States District Court for the Northern District of Illinois has recently denied class certification in the case.

Please see full advisory below for more information.

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Mintz Levin on:

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