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FTC v. Lab. Corp. of Am.

United States District Court for the Central District of California

February 22, 2011, Decided; February 22, 2011, Filed

CASE NO. SACV 10-1873 AG (MLGx)

Opinion

ORDER DENYING PRELIMINARY INJUNCTION

Plaintiff Federal Trade Commission ("FTC") seeks a preliminary injunction against Defendants Laboratory Corporation of America and Laboratory Corporation of America Holdings ("Defendants" or, collectively, "LabCorp"). After holding a hearing and reviewing all papers and arguments submitted, the Court DENIES the preliminary injunction.

FINDINGS OF FACT

After  [*2] reviewing the evidence, the Court makes the following findings of fact, including any findings of fact found in the Conclusions of Law.

1. THE PARTIES AND THE TRANSACTION

1. The FTC seeks a preliminary injunction under Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b) (2006), against the proposed acquisition of Westcliff Medical Laboratories ("Westcliff") by LabCorp. Preliminary injunctive relief is sometimes necessary to allow the FTC to determine, in administrative adjudication, whether the acquisition would violate Section 5 of the FTC Act, as amended, 15 U.S.C. § 45 (2006), or Section 7 of the Clayton Act, as amended, 15 U.S.C. § 18 (2006), because it may substantially lessen competition.

2. Defendant LabCorp is a Delaware corporation with its office and principal place of business located at 358 South Main Street, Burlington, North Carolina. Def.'s Answer ¶ 13 (Dkt. No. 69); LapCorp, U.S. Securities and Exchange Commission Form 10-K 1 (2009), available at http://phx.corporate-ir.net/phoenix.zhtml?c=84636&p=irol-SECText&TEXT=aHR0cDovL2lyLmludC53ZXN0bGF3YnVzaW5lc3MuY29tL2RvY3VtZW5 0L3YxLzAwMDA5MjAxNDgtMTAtMDAwMDIxL3htbA%3d%3d.

3. LabCorp is the second-largest  [*3] independent clinical laboratory company in the United States. It provides clinical laboratory testing services to clients in all fifty states and the District of Columbia through a national network of primary, branch, and short turn around time ("STAT") laboratories, and over 1,500 patient service centers ("PSCs"). LabCorp, U.S. Securities and Exchange Commission Form 10-K 4 (2009), available at http://phx.corporate-ir.net/ phoenix.zhtml?c=84636&p=irol-SECText&TEXT=aHR0cDovL2lyLmludC53ZXN0bGF3YnVzaW5lc3MuY29tL2RvY3VtZW50L3YxLzAwMDA5MjAxNDgtMTAtMDAwMDIx L3htbA%3d%3d.

4. Westcliff, immediately before its acquisition by LabCorp, was the third-largest independent clinical laboratory in California. PX 0154 at ¶ 23 (Flyer Decl.); Pl.'s Presentation to the Court, Prelim. Inj. Hr'g 21 (Feb. 3, 2011).

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2011 U.S. Dist. LEXIS 20354 *; 2011-1 Trade Cas. (CCH) P77,348

FEDERAL TRADE COMMISSION, Plaintiff, v. LABORATORY CORPORATION OF AMERICA, et al., Defendants.

Subsequent History: Application granted by FTC v. Lab. Corp. of Am., 2011 U.S. Dist. LEXIS 18543 (C.D. Cal., Feb. 23, 2011)

Prior History: FTC v. Lab. Corp. of Am., 2011 U.S. Dist. LEXIS 165220 (C.D. Cal., Jan. 27, 2011)

CORE TERMS

FTC, laboratory, clinical, injunction, merger, acquisition, lab, geographic, patients, antitrust, concentration, divestiture, anticompetitive, customers, healthcare, adjpro, annual, shtm, consumers, weighing, lessen, staff, consolidation, irreparable, competitor, statistics, Pathology, delegated, barriers, estimate