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FTC Loses Bid to Block Philadelphia Hospital Merger in Extraordinarily Busy Year of Hospital Merger Enforcement

Policing hospital mergers has become a top enforcement priority among federal antitrust enforcers. In 2020 alone, the FTC sued to block three hospital transactions (Jefferson/Einstein, Methodist Le Bonheur/Tenet and...more

Can Mergers Between Healthcare Providers in Different Markets Raise Antitrust Concerns? "Yes," Say Top Enforcers at FTC and DOJ

In reviewing mergers of healthcare providers, government antitrust enforcers have historically focused on horizontal mergers between competing providers—in particular, those that result in high market shares in a specific...more

St. Luke's Health: Does Improving Patient Care Justify a Merger Under Antitrust Law? Ninth Circuit Says "No" and Orders...

Healthcare providers frequently consolidate to cut costs and improve patient care. These benefits can result from sharing administrative costs such as billing and electronic recordkeeping, eliminating excess capacity, better...more

Federal Trade Commission And Competitors Successfully Challenge Hospital’s Acquisition Of Physician Practice

In This Issue: - What Providers Should Know - Background - Ruling - Excerpt from What Providers Should Know: A federal judge recently ordered a hospital system to unwind its year-old acquisition...more

Clinical Integration On A Promise And A Plan Federal Trade Commission Declines To Challenge Norman PHO On Antitrust Grounds

In This Issue: - Norman PHO - Key Conclusions - Implications for Established and Newly Forming Networks - Excerpt from Norman PHO: The Norman PHO is comprised of a single hospital system and...more

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

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

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