News & Analysis as of

Certificate of Need Competition

Bradley Arant Boult Cummings LLP

FTC Sues to Block Methodist Le Bonheur-St. Francis Transaction

On November 12, 2020, the Federal Trade Commission (FTC) sued to block the acquisition of two Memphis-area hospitals by Methodist Le Bonheur Healthcare. Eleven months earlier, on December 12, 2019, Methodist entered into an...more

Hogan Lovells

Competition Commission releases Health Market Inquiry Provisional Report

Hogan Lovells on

On Thursday, 5 July 2018, the Competition Commission of South Africa held a press conference in relation to the release of the Health Market Inquiry (HMI) provisional report....more

Epstein Becker & Green

Unlawful Market Allocation Agreements Are Not Always Obvious

Agreements to allocate markets raise serious antitrust concerns and can encompass a wide range of activities. Common forms of market allocation agreements include agreements between competitors involving facility locations,...more

Williams Mullen

COPN Reform Efforts Delayed

Williams Mullen on

Few legislative issues during the 2016 General Assembly have garnered more attention in the health care community than the efforts to reform Virginia’s Certificate of Public Need (“COPN”) process. Despite considerable effort...more

Bradley Arant Boult Cummings LLP

FTC and DOJ Take Aim at State Certificate of Need Laws

Earlier this year, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) released their formal recommendation that South Carolina repeal its certificate of need (CON) law regulating...more

Mintz - Health Care Viewpoints

FTC-DOJ Join Forces: Encourage Repeal/Retrenchment of Virginia CON Laws

The Federal Trade Commission (“FTC”) and Department of Justice Antitrust Division (“DOJ”) (collectively, “agencies”) issued a joint statement to Virginia’s Certificate of Public Need (“COPN”) Work Group, which was recently...more

Baker Donelson

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

Baker Donelson on

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

Poyner Spruill LLP

Court Rejects Novant’s Challenge to CON Policy AC-3 for Academic Medical Centers

Poyner Spruill LLP on

The North Carolina Court of Appeals recently affirmed a final agency decision to award a CON for a new ambulatory surgical facility to North Carolina Baptist Hospital (Baptist Hospital), on the basis that the petitioners...more

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