News & Analysis as of

Federal Trade Commission (FTC) Certificate of Need

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

ArentFox Schiff

FTC Hosts ‘Health Check on COPAs: Assessing the Impact of Certificates of Public Advantage in Health Care Markets’

ArentFox Schiff on

On June 18, 2019, the Federal Trade Commission (FTC) hosted a workshop to discuss and analyze the effects of Certificates of Public Advantage (COPAs) and Certificates of Need (CONs) on price and access to health care...more

Akerman LLP - Health Law Rx

Florida Legislature Repeals its “Certificate of Need” Law

In a somewhat surprising move, on April 29, 2019 the Florida Legislature passed legislation (HB 21) that repeals the state’s “Certificate of Need” (CON) laws with respect to general hospitals and tertiary services. Such laws,...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

McDermott Will & Emery

Virginia’s Certificate of Need Laws May Stay, Fourth Circuit Says

McDermott Will & Emery on

On January 21, the U.S. Court of Appeals for the Fourth Circuit upheld Virginia’s Certificate of Need (CON) laws, ruling that the scheme does not illegally discriminate against out-of-state health care providers. See Colon...more

King & Spalding

FTC and DOJ Urge South Carolina to End Certificate of Need Laws

King & Spalding on

On January 11, 2016, the Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (DOJ) submitted a letter to Governor Nikki Haley recommending that South Carolina repeal certificate of need laws (CON)...more

BakerHostetler

FTC Brushes Aside AG, Regulators to Attack Local Hospital Merger

BakerHostetler on

The Federal Trade Commission (FTC) continued its relentless focus on combinations in the healthcare industry last month when it filed an administrative complaint challenging a merger of two West Virginia hospitals, In the...more

Mintz - Health Care Viewpoints

A Return to Evanston: FTC Revisits Old Ground in Yet Another Hospital Merger Challenge

Last week, the Federal Trade Commission (“FTC” or “Commission”) authorized staff to file an administrative complaint and to seek in federal court a temporary restraining order and a preliminary injunction to block the...more

Mintz - Health Care Viewpoints

FTC Challenges Hospital Merger Despite Conduct Remedy Accepted by State AG

Last week the Federal Trade Commission (“FTC” or “Commission”) issued an administrative complaint challenging the merger of two West Virginia hospitals that had earlier been cleared by the state’s Attorney General (“W.V. AG”)...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

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

Will Georgia Certificate of Need Laws Prevent the FTC from Requiring the Divestiture of Palmyra by Phoebe Putney? Health Care...

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

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

King & Spalding

Georgia Department of Community Health Ruling Jeopardizes FTC Action Against Phoebe Putney Health System, Inc.

King & Spalding on

On October 6, Ellwood F. Oakley III, an administrative hearing officer at Georgia’s Department of Community Health, reversed an initial staff determination that a new Certificate of Need (CON) would not be required if Phoebe...more

King & Spalding

FTC Rejects Proposed Settlement Agreement with Phoebe Putney Health System, Inc.

King & Spalding on

On September 5, 2014, the Federal Trade Commission (FTC) rejected a proposed settlement agreement with Phoebe Putney Health System, Inc., and returned the matter to administrative court to assess whether Phoebe Putney’s 2011...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

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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