News & Analysis as of

Preliminary Injunctions Hospital Mergers

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

Stevens & Lee

District Court Denies Most Recent FTC Attempt to Stop Novant/CHS Transaction

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We reported last week on the U.S. District Court’s denial of an FTC request for a preliminary injunction to block Novant Health’s “Novant) purchase of Lake Norman Regional Medical Center (LNR) and Davis Regional Psychiatric...more

Bass, Berry & Sims PLC

FTC Loses Bid to Block NC Hospital Merger between Novant and CHS

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On Wednesday, June 5 a federal district judge denied the Federal Trade Commission’s (FTC) request for an injunction to prevent Novant Health from acquiring two hospitals from Community Health Systems (CHS) in a $320 million...more

Hogan Lovells

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

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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

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

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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

Mintz

Despite Presence of “Power Buyer,” FTC Obtains Preliminary Injunction of Proposed Physician Acquisition in North Dakota

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While antitrust enforcement of hospital mergers is well-established, physician acquisitions have only recently and increasingly seen antitrust scrutiny. Last week, in a 69-page opinion, a federal district court granted the...more

Holland & Knight LLP

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

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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

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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...

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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

Foley & Lardner LLP

FTC Again Finds Success in High-Profile Hospital Merger Appeal

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For the second time in recent weeks, the Federal Trade Commission (FTC) prevailed in its challenge of a high-profile hospital merger. This time, the appeal stemmed from a June 14, 2016, order by Judge Jorge Alonso of the...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

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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...

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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

Patterson Belknap Webb & Tyler LLP

Third Circuit Grants FTC Injunction in Penn State Hershey-Pinnacle Merger, Overruling Lower Court

On September 27, the U.S. Court of Appeals for the Third Circuit handed the Federal Trade Commission a big win, overturning the Middle District of Pennsylvania’s denial of an injunction to block the proposed merger of Penn...more

Foley & Lardner LLP

FTC Finds Success in High-Profile Hospital Merger Appeal

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Many of our readers will recall the decision from Judge John Jones III of the Middle District of Pennsylvania earlier this year, denying the Federal Trade Commission’s (FTC) motion to enjoin 551-bed Penn State Milton S....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

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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

McDermott Will & Emery

Antitrust M&A Snapshot - July 2016

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United States: January – June Update - The Federal Trade Commission (FTC) and US Department of Justice (DOJ) have been actively challenging mergers and acquisitions in the first half of 2016. In some instances, the...more

Robinson & Cole LLP

Health Law Pulse - July 2016

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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

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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

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