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Hospital Mergers Monopolization Federal Trade Commission (FTC)

Stevens & Lee

Health Care Antitrust Update Part I: Key Developments in Antitrust Litigation Involving Health Care Acquisitions and Mergers

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Over the past several months, antitrust enforcement activity in the healthcare provider sector has continued to steadily increase. In the litigation context, this has involved, in addition to new lawsuits filed by the...more

Mintz - Antitrust Viewpoints

FTC’s Hospital Merger Challenges Hit Speedbump in Philadelphia

The Federal Trade Commission’s (“FTC”) recent winning streak in its ongoing challenges of hospital and physician mergers has, at least for now, ended in a Philadelphia U.S. district court. After six days of evidentiary...more

Jones Day

Antitrust Alert: Eighth Circuit Upholds Injunction Against Physician Group Acquisition

Jones Day on

In a decision that extends the FTC's winning streak in the courts of appeals in healthcare provider merger cases, the Eighth Circuit affirmed the Federal Trade Commission's ("FTC") bid to enjoin Sanford Health's acquisition...more

King & Spalding

FTC Wins Sanford Health/Mid Dakota Merger Appeal in Eighth Circuit

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On June 13, 2019, the Eighth Circuit affirmed the district court’s grant of a preliminary injunction blocking the proposed merger of North Dakota healthcare providers Sanford Health, Sanford Bismarck (collectively, “Sanford”)...more

Holland & Knight LLP

Federal Court Enjoins North Dakota Physician Practice Merger

Holland & Knight LLP on

On December 15, 2017, United States Magistrate Judge Alice Senechal of the District of North Dakota entered an order preliminarily enjoining the merger between two large physicians practices in the Bismarck/Mandan market,...more

Ballard Spahr LLP

FTC Wins Key Appellate Victory in FTC v. Penn State Hershey Medical Center

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The Federal Trade Commission (FTC) won a decisive victory today in its efforts to slow the record pace of health care provider consolidation, when the U.S. Court of Appeals for the Third Circuit reversed a District Court's...more

Foley & Lardner LLP

FTC Battles Hospital Mergers: What to Watch for in this Summer’s High-Profile Appeals

Foley & Lardner LLP on

In a town that is no stranger to landmark hospital merger cases, last month a Chicago federal judge denied the Federal Trade Commission’s (FTC) motion for a preliminary injunction to temporarily block a merger between...more

Baker Donelson

Supreme Court Reins in State Action Immunity

Baker Donelson on

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

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

Morgan Lewis

Supreme Court Rules for FTC in Hospital Merger Case

Morgan Lewis on

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

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