Hospital Mergers Preliminary Injunctions

News & Analysis as of

The FTC's Three Current Hospital Merger Challenges: Will the FTC Ever Lose?

Beginning with the Federal Trade Commission’s 2007 decision in Evanston Northwestern Healthcare Corp., holding that a hospital merger in the North Chicago suburbs violated the antitrust laws, the FTC has experienced...more

FTC Challenges Pennsylvania Hospital Merger

On December 8, 2015, the Federal Trade Commission (FTC) announced that it would seek to block Penn State Hershey Medical Center’s (Hershey) proposed merger with Pinnacle Health System (Pinnacle), alleging that the combination...more

Government Opposes Health Care Merger Between Penn State Hershey and PinnacleHealth Citing Potential for Reduced Competition and...

This week, the Federal Trade Commission (“FTC”) and the Pennsylvania Office of the Attorney General (“Attorney General”) publicly opposed the anticipated merger between Penn State Hershey Medical Center (“Penn State Hershey”)...more

Anatomy of a Provider-Merger Antitrust Challenge (Part 3)

This is the third in a six-part series discussing the Federal Trade Commission's challenges to provider mergers. Following the initial Introduction and Background (Part 1), the series discusses The Need for Early Legal Advice...more

"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

Supreme Court Holds General Authorization To County Hospital Authority Insufficient For Antitrust Immunity

On February 19, 2013, the United States Supreme Court unanimously decided that the acquisition by a county hospital authority of another hospital in the same county was not immune from antitrust scrutiny under the state...more

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