News & Analysis as of

Hospitals › Geographic Markets

Stevens & Lee

Tying, Tiering, Steering and Gag Clause Issues Front and Center Again

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We previously reported on several cases involving successful antitrust challenges to proposed hospital mergers involving Hackensack Meridian Health System and Englewood Hospital in Bergen County New Jersey; RWJ Barnabas...more

Stevens & Lee

FTC Seeks to Block Hospital “Mergers” in New Jersey and Utah

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Just eight weeks after Hackensack Meridian Health System and Englewood Healthcare Foundation notified the Federal Trade Commission (“FTC”) that they were calling off their proposed merger following the Third Circuit Court of...more

Epstein Becker & Green

Definition of “Relevant Market” Is Fact-Intensive

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Violations of the Sherman Act generally require a demonstration of market power in the “relevant market.” The relevant market has two components—the relevant product market and the relevant geographic market....more

Polsinelli

2016 Antitrust Case Law And FTC Action Highlights FTC Agency’s Approach To Hospital Mergers

Polsinelli on

In 2016, the Federal Trade Commission prevailed in litigation before the Third and Seventh Circuit Courts of Appeal related to two high-profile hospital mergers. In both cases, the courts of appeal overturned the federal...more

Holland & Knight LLP

Appeals Court Decisions Strengthen FTC's Hand in Hospital Merger Challenges

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The fall of 2016 has proved to be a difficult time for hospitals seeking to complete mergers in the face of antitrust challenges brought by the Federal Trade Commission (FTC). After failing initially to persuade federal...more

Troutman Pepper

FTC's Winning Streak Restored: Seventh Circuit Reverses Denial of Preliminary Injunction in Chicago Hospital Merger, Competition...

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Recent appellate decisions confirm the uphill battle hospitals face when merging with other hospitals. On October 31, the U.S. Court of Appeals for the Seventh Circuit overturned the district court’s ruling in Federal Trade...more

Troutman Pepper

The End of the Road for Hershey Medical Center's Merger: Parties Abandon Transaction After Third Circuit Rules That Hospital...

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The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007. The U.S. Court of Appeals for the...more

McDermott Will & Emery

Third Circuit Blocks Hospital Merger in Key Victory for FTC on Geographic Market Definition

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On September 27, 2016, the US Court of Appeals for the Third Circuit handed an important victory to the Federal Trade Commission and the Commonwealth of Pennsylvania in a closely watched hospital merger case. The decision...more

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