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Preliminary Injunctions Federal Trade Commission (FTC) Hospitals

Stevens & Lee

American Hospital Association and Federation of American Hospitals File Amicus Brief in the Ryan Case

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In an earlier report, we examined the recent decision of the U.S. District Court for the Eastern District of Pennsylvania in ATS Tree Services, Inc. v. FTC, in which the Court rejected the plaintiff’s request for the...more

King & Spalding

Fourth Circuit Grants Emergency Injunction of Sale of Two North Carolina Hospitals, Deal Collapses

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On June 18, 2024, the Fourth Circuit issued a 2-1 decision granting the FTC’s request to block the sale of two hospitals in Charlotte, North Carolina. Earlier this month, a federal court in the Western District of North...more

Stevens & Lee

Novant Health Abandons Proposed Purchase Following Fourth Circuit’s Issuance of Injunction

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We have been reporting on the Federal Trade Commission’s continuing effort to block Novant Health’s purchase of Lake Norman Regional Medical Center and Davis Regional Psychiatric Hospital from Community Health Systems. Last...more

King & Spalding

Federal Court Denies FTC Attempt to Block $320M Sale of Two North Carolina Hospitals

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On June 5, 2024, a federal court in the Western District of North Carolina declined to issue a preliminary injunction blocking the sale of two hospitals in Charlotte, North Carolina, finding that the proposed sale is not...more

Stevens & Lee

Challenging the Constitutionality of the FTC’s Fundamental Structure/Processes

Stevens & Lee on

Supreme Court to Hear Oral Arguments in Axon Enterprises- With the October 2022 term of the U.S. Supreme Court (“Court”) now underway, health care providers and others in the health care industry contemplating merger and...more

Cozen O'Connor

Bipartisan Group of AGs Urge Appeals Court to Block Hospital System Acquisition by Competitor

Cozen O'Connor on

A bipartisan group of 26 AGs, led by California AG Rob Bonta and Pennsylvania AG Josh Shapiro, filed an amicus brief in the U.S. Court of Appeals for the Third Circuit in Federal Trade Commission v. Hackensack Memorial...more

Hogan Lovells

FTC’s preliminary injunction win in hospital merger shows importance of deal and planning documents

Hogan Lovells on

On 4 August 2021, the District Court of New Jersey granted the Federal Trade Commission’s (FTC) motion for preliminary injunction, preventing Hackensack Meridian Health (HMH) and Englewood Healthcare (Englewood) from closing...more

Bracewell LLP

Appellate Court Affirms Decision to Block Medical Merger

Bracewell LLP on

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a district court’s issuance of a preliminary injunction to block the proposed merger of two North Dakota healthcare providers, Sanford Health/Sanford Bismarck...more

McDermott Will & Emery

Antitrust Enforcement Update: Spotlight on Physician Transactions

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At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...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

Holland & Knight LLP

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

Holland & Knight LLP on

As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Mintz - Health Care Viewpoints

Government Solidifies Victory Blocking Chicago Hospital Merger

The Federal Trade Commission (“FTC”) and the State of Illinois successfully concluded their challenge to the proposed merger of Advocate Health Care and NorthShore University Health System earlier this month, when the U.S....more

Holland & Knight LLP

Chicago-Area Hospitals Abandon Fight to Save Merger from FTC Challenge

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After the U.S. Court of Appeals for the Seventh Circuit ruled on Oct. 31, 2016, that the district court's refusal to enjoin the merger of two hospital systems in Chicago's northern suburbs was based on an improper antitrust...more

King & Spalding

FTC Wins Hospital Merger Challenge in the Seventh Circuit

King & Spalding on

On October 31, 2016, the U.S. Court of Appeals for the Seventh Circuit overturned a district court decision that denied a motion by the Federal Trade Commission (FTC) and Illinois Attorney General (IL AG) to block the...more

Troutman Pepper

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

Troutman Pepper on

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

Manatt, Phelps & Phillips, LLP

Antitrust Law - October 2016

Editor’s Note: On September 27, 2016, the Third Circuit handed the Federal Trade Commission (FTC) a significant victory in its campaign against hospital consolidation, reversing a District Court decision that denied a...more

Robinson & Cole LLP

Third Circuit Delivers Resounding Victory for FTC in Pennsylvania Hospital Merger Case

Robinson & Cole LLP on

On September 27, 2016, the U.S. Court of Appeals for the Third Circuit handed the Federal Trade Commission (FTC) a significant antitrust victory by granting its request for a preliminary injunction to stay the pending merger...more

Troutman Pepper

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

Troutman Pepper on

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

McDermott Will & Emery on

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

King & Spalding

FTC Wins on Appeal in the Third Circuit to Block Hershey Medical Center and PinnacleHealth System Hospital Merger

King & Spalding on

On September 27, 2016, the U.S. Court of Appeals for the Third Circuit reversed a district court decision that the Federal Trade Commission and the state of Pennsylvania could not block the merger of two hospital systems,...more

Robinson & Cole LLP

Health Law Pulse - July 2016

Robinson & Cole LLP on

On June 14, 2016, a federal district court in the Northern District of Illinois denied a request from the Federal Trade Commission (FTC) for a preliminary injunction to enjoin the pending merger of Advocate Health Care...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

Manatt, Phelps & Phillips, LLP

Hospital Mergers: Is the FTC’s Winning Streak Over?

Following a winning streak dating back to its 2007 win in Evanston, the Federal Trade Commission (FTC) has suffered two losses over the last month in two of its three pending hospital merger challenges. On June 14, 2016, a...more

Mintz - Health Care Viewpoints

FTC Suffers Another Hospital Merger Loss in Advocate-NorthShore

On Tuesday, June 14, 2016, the U.S. District Court for the Northern District of Illinois declined to temporarily block the proposed merger of Advocate Health Care Network and NorthShore University HealthSystem in the Chicago...more

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