Emergency Procedure: After District Court Loss, FTC Still Blocks Merging Hospitals

Court action related to a recently abandoned hospital merger deal sought by Novant Health/Lake Norman and Davis Hospitals demonstrates the current FTC’s hostility to concentration-increasing mergers and the “failing firm” defense as spelled out in its revised 2023 Merger Guidelines. Time will tell if the parties’ prediction of the end of the two targeted hospitals absent the merger will become the commercial reality, as they claimed, to the detriment of hospital competition. Get details of this case and find out what is going on with other mergers being challenged by the FTC, as well as the DOJ, in our regularly updated case tracker.

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