News & Analysis as of

Certificate of Need Antitrust Litigation

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit Questions Efficacy of State “Certificate of Need” Laws, Question Whether Reduces Competition

The Sixth Circuit Court of Appeal recently voiced skepticism of Kentucky’s Certificate of Need (“CON”) laws while simultaneously ruling that they met the Fourteenth Amendment’s “rational basis” test....more

Manatt, Phelps & Phillips, LLP

Who Should Regulate Healthcare Competition? The New York COPA Dispute

In last month’s Antitrust Update, we reported on the conflict between Georgia’s Certificate of Need laws and the Federal Trade Commission’s (FTC’s) desire to seek divestitures as a remedy in the Phoebe Putney case. A further...more

Maynard Nexsen

Supreme Court Reviews Agency Comprised of Dental Professionals in State Action Case: Health Care Antitrust Cases to Watch in 2015

Maynard Nexsen on

Federal and state courts are expected to rule on several nationally watched antitrust health care cases during the first half of 2015. As we enter into the first week of the New Year, Nexsen Pruet associate Rachel...more

Baker Donelson

More Turns in the FTC's Antitrust Enforcement Action Against Phoebe Putney Hospital, Inc.

Baker Donelson on

The FTC’s long-running campaign against Phoebe Putney Health System, Inc.’s acquisition of Palmyra Park Hospital, Inc., continues. In an unusual sequence of events, the Commission first conditionally accepted a Consent...more

Parker Poe Adams & Bernstein LLP

No “Permission To Roughhouse In Market” Found: Supreme Court Unanimously Finds For The FTC In Opposing Hospital Acquisition

In an opinion that has implications for the health care industry and beyond, the Supreme Court, in Federal Trade Commission v. Phoebe Putney Health System, Inc., last month clarified the standard for exempting “state-action”...more

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