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Supreme Court of the United States › Federal Trade Commission (FTC) › State Action Doctrine

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Patterson Belknap Webb & Tyler LLP

FTC Provides Guidance on State Regulatory Board Antitrust Liability Following Supreme Court Decision

Patterson Belknap Webb & Tyler LLP on

Earlier this year, we covered the Supreme Court’s decision in North Carolina State Board of Dental Examiners v. FTC, which held that a state regulatory board composed of “active market participants” was not immune to federal...more

Orrick, Herrington & Sutcliffe LLP

Antitrust & Competition Newsletter - April 2015

Orrick, Herrington & Sutcliffe LLP on

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

Baker Donelson

Open Season on Provider-controlled Licensing Boards

Baker Donelson on

In a closely followed decision with significant consequences for state licensing boards and their members, the Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101...more

Pillsbury Winthrop Shaw Pittman LLP

Antitrust “State Action” Exemption: North Carolina State Board of Dental Examiners v. Federal Trade Commission

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On February 25, 2015, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, holding that a regulatory board made up of market participants is exempt from...more

Maynard Nexsen

Supreme Court Reviews Agency Comprised of Dental Professionals in State Action Case: Health Care Antitrust Cases to Watch in 2015

Maynard Nexsen on

Federal and state courts are expected to rule on several nationally watched antitrust health care cases during the first half of 2015. As we enter into the first week of the New Year, Nexsen Pruet associate Rachel...more

Baker Donelson

State Action Doctrine Tested by Supreme Court for Second Time in Two Years

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After nearly two decades of silence on the state action doctrine, on October 14, 2014, the United States Supreme Court heard oral argument in the Court’s second case on the subject in two years: The North Carolina Board of...more

McDermott Will & Emery

Supreme Court’s 2014-15 Term: Antitrust Case May Impact the Activities of Alcohol Industry Public/Private Organizations

McDermott Will & Emery on

On October 14, 2014, the United States Supreme Court heard oral argument in a case that could have significant implications for hybrid public/private “regulatory” bodies. Many such bodies, like state and local wine...more

Baker Donelson

United States Supreme Court to Revisit State Action Doctrine

Baker Donelson on

Which exercise of safeguarding the people will prevail: a State’s regulation of professionals providing services to its citizens, or the antitrust agencies’ protection of consumers against anticompetitive conduct? The United...more

Troutman Pepper

State Action Doctrine At The Supreme Court: Take Two

Troutman Pepper on

The Supreme Court has a renewed interest in the state action doctrine. After declining to clarify what types of state action are exempt from federal antitrust scrutiny for years, the Supreme Court agreed to hear its second...more

Robins Kaplan LLP

Antitrust Bulletin - Vol. 5, No. 2

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In this Issue: - Focus On The Federal Trade Commission - Supreme Court Decision in FTC v. Actavis Provides Guidance on Pay-for-Delay - DOJ Prevails on Liability in eBooks Antitrust Case in the Southern District...more

Perkins Coie

Supreme Court Limits State Action Immunity In Federal Trade Commission v. Phoebe Putney Health Systems

Perkins Coie on

In a closely watched decision, a unanimous U.S. Supreme Court has reversed an 11th Circuit decision that invoked the state action doctrine to prevent the Federal Trade Commission (FTC) from challenging a state hospital...more

Baker Donelson

Supreme Court Reins in State Action Immunity

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Last week a unanimous Supreme Court issued its highly anticipated opinion in FTC v. Phoebe Putney Health System, Inc., addressing the "State action" exemption from application of the federal antitrust laws for the first time...more

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

Bradley Arant Boult Cummings LLP

The Supreme Court Tightens Up State-Action Immunity: Justices Rule that Phoebe-Putney/Palmyra Transaction Is Not Immune from...

Bradley Arant Boult Cummings LLP on

On February 19, 2013, the Supreme Court unanimously held that the effective acquisition of Palmyra Medical Center (“Palmyra”) by Phoebe Putney Health System, Inc. (“PPHS") in Southwestern Georgia was not immune from antitrust...more

Bracewell LLP

Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct

Bracewell LLP on

On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the...more

Troutman Pepper

Supreme Court Limits State Action Immunity In FTC v. Phoebe Putney Health System, Inc.

Troutman Pepper on

On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more

Ballard Spahr LLP

Supreme Court Hands FTC Victory on State Action Immunity

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In a unanimous opinion, the U.S. Supreme Court this week tightened the standard for state action immunity under federal antitrust laws in a case involving a hospital merger. This decision arguably tightens the reins on the...more

Proskauer Rose LLP

Placing Limits on the State Action Doctrine, the Supreme Court Subjects Local Government Hospitals to Scrutiny under the Antitrust...

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Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have responded to these developments in several ways. One such mechanism, hospital...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

Skadden, Arps, Slate, Meagher & Flom LLP

"US Supreme Court Narrows State-Action Doctrine in Hospital Merger Challenged by FTC"

Skadden, Arps, Slate, Meagher & Flom LLP on

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

BakerHostetler

Supreme Court Holds Antitrust Law Applies to State Hospital Authority Transaction

BakerHostetler on

In one of the most closely watched healthcare antitrust cases in years, the Supreme Court issued its decision in the FTC merger challenge to a Georgia hospital merger, Phoebe Putney Health System’s acquisition of Palmyra...more

McDermott Will & Emery

Supreme Court Limits Availability of State Action Immunity from Federal Antitrust Liability

McDermott Will & Emery on

The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only...more

Foley & Lardner LLP

Supreme Court Issues Landmark Ruling in Hospital Merger Case on Scope of State Action Immunity

Foley & Lardner LLP on

On February 19, 2013, the U.S. Supreme Court unanimously ruled that a local hospital authority’s acquisition of a hospital in Georgia was not immunized from the antitrust laws under the state action doctrine. In doing so, the...more

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