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Monopolization Acquisitions Governmental Liability

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

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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