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Corporate Counsel › Federal Trade Commission (FTC) › Hospitals

Womble Bond Dickinson

FTC Loss in Hospital Merger Shows Failing Firm Defense is Alive and Well

Womble Bond Dickinson on

While finding this to be the “rare case” where a hospital’s imminent failure justified its acquisition by a competitor, Judge Kenneth Bell denied the Federal Trade Commission’s motion for a preliminary injunction to enjoin...more

Perkins Coie

Abandoned Hospital Merger Reveals Lessons for Healthcare M&A

Perkins Coie on

A proposed healthcare acquisition was abandoned following the Federal Trade Commission’s (FTC or the Commission) unanimous vote to oppose the transaction. In the face of 5-0 FTC opposition, New Jersey providers RWJBarnabas...more

Manatt, Phelps & Phillips, LLP

By Antitrust Standards, When Is a Firm Really Failing?

Manatt, Phelps & Phillips, LLP on

The “failing firm” defense as a justification for permitting a merger that may otherwise lessen competition gets considerable play in healthcare transactions. Perilous hospital economics—often brought on by low Medicare and...more

Proskauer Rose LLP

Ninth Circuit Sides with FTC; Affirms Ruling That Idaho Health Care Merger Was Unlawful

Proskauer Rose LLP on

In a closely-watched post-merger challenge, the Ninth Circuit this week sided with the FTC and affirmed an Idaho federal court's determination that the 2012 merger of two health care providers in the same city violated...more

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