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Federal Trade Commission (FTC) Supreme Court of the United States FTC v. Phoebe Putney Health System

Proskauer Rose LLP

Four Takeaways from the ABA Antitrust Section's 2016 Spring Meeting

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Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more

Mintz

FTC Answers the Call for Guidance Regarding Antitrust Compliance for State Regulatory Boards Controlled by Market Participants

Mintz on

In North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), the Supreme Court held that the North Carolina Board of Dental Examiners (“Board”), a state agency, was not exempt from federal antitrust laws...more

Troutman Pepper

State Action Doctrine At The Supreme Court: Take Two

Troutman Pepper on

The Supreme Court has a renewed interest in the state action doctrine. After declining to clarify what types of state action are exempt from federal antitrust scrutiny for years, the Supreme Court agreed to hear its second...more

BakerHostetler

“Highly Unusual” Circumstances End FTC Challenge to Phoebe Putney Acquisition

BakerHostetler on

After running the table in the Supreme Court with a unanimous decision, which we covered, and then convincing a district court judge in Georgia to halt further consolidation of Phoebe Putney Health System (“Phoebe Putney”)...more

Robins Kaplan LLP

Antitrust Bulletin - Vol. 5, No. 2

Robins Kaplan LLP on

In this Issue: - Focus On The Federal Trade Commission - Supreme Court Decision in FTC v. Actavis Provides Guidance on Pay-for-Delay - DOJ Prevails on Liability in eBooks Antitrust Case in the Southern District...more

Baker Donelson

Supreme Court Reins in State Action Immunity

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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

Polsinelli

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

Polsinelli on

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

Bradley Arant Boult Cummings LLP

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

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

Mintz - Health Care Viewpoints

Health Care Reform Update -- February 25, 2013

In This Issue: Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups Scheduled. Excerpt...more

Bracewell LLP

Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct

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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

Troutman Pepper

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

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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

Ballard Spahr LLP

Supreme Court Hands FTC Victory on State Action Immunity

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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

Proskauer Rose LLP

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

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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

Morgan Lewis

Supreme Court Rules for FTC in Hospital Merger Case

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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

Mintz

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

Mintz on

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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

BakerHostetler

Supreme Court Holds Antitrust Law Applies to State Hospital Authority Transaction

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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

McDermott Will & Emery

Supreme Court Limits Availability of State Action Immunity from Federal Antitrust Liability

McDermott Will & Emery on

The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only...more

Foley & Lardner LLP

Supreme Court Issues Landmark Ruling in Hospital Merger Case on Scope of State Action Immunity

Foley & Lardner LLP on

On February 19, 2013, the U.S. Supreme Court unanimously ruled that a local hospital authority’s acquisition of a hospital in Georgia was not immunized from the antitrust laws under the state action doctrine. In doing so, the...more

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