FTC: Hospital Merger Not Shielded From Antitrust Law By State-Action Doctrine

FTC: Hospital Merger Not Shielded From Antitrust Law By State-Action Doctrine

WASHINGTON, D.C. - The 11th Circuit U.S. Court of Appeals erred in ruling that although a merger between two Georgia hospitals would substantially lessen competition or tend to create a monopoly, the state-action doctrine immunized the conduct from a challenge by the Federal Trade Commission, the FTC told the U.S. Supreme Court on Aug. 20 in the FTC's merits brief (Federal Trade Commission v. Phoebe Putney Health System, Inc., et al., No. 11-1160, U.S. Sup.).  View related prior history, 2012 U.S. LEXIS 4852.

 

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