News & Analysis as of

Hospital Mergers The Clayton Act Antitrust Provisions

Ballard Spahr LLP

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

Ballard Spahr LLP on

Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more

Stevens & Lee

FTC Sues to Compel State-Approved Hospital Acquisitions to Comply with Hart-Scott-Rodino Act Requirements

Stevens & Lee on

Last Thursday, the Federal Trade Commission (“FTC”) took the step of filing suit in federal court asserting that parties to a hospital acquisition who had obtained a Certificate of Public Advantage (“COPA”) from their state...more

BakerHostetler

Hospital Mergers: The Future of COPA Immunity

BakerHostetler on

In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse...more

Mintz - Health Care Viewpoints

The California Attorney General and Sutter Health Face Off in an Antitrust Lawsuit

On March 29, 2018, the Attorney General of California filed an antitrust action against Sutter Health and its affiliates (“Sutter”) alleging Sutter engaged in various anticompetitive conduct in violation of California’s...more

Holland & Knight LLP

Chicago-Area Hospitals Abandon Fight to Save Merger from FTC Challenge

Holland & Knight LLP on

After the U.S. Court of Appeals for the Seventh Circuit ruled on Oct. 31, 2016, that the district court's refusal to enjoin the merger of two hospital systems in Chicago's northern suburbs was based on an improper antitrust...more

Holland & Knight LLP

Appeals Court Decisions Strengthen FTC's Hand in Hospital Merger Challenges

Holland & Knight LLP on

The fall of 2016 has proved to be a difficult time for hospitals seeking to complete mergers in the face of antitrust challenges brought by the Federal Trade Commission (FTC). After failing initially to persuade federal...more

Robinson & Cole LLP

Third Circuit Delivers Resounding Victory for FTC in Pennsylvania Hospital Merger Case

Robinson & Cole LLP on

On September 27, 2016, the U.S. Court of Appeals for the Third Circuit handed the Federal Trade Commission (FTC) a significant antitrust victory by granting its request for a preliminary injunction to stay the pending merger...more

Proskauer Rose LLP

Federal Trade Commission's Pennsylvania Hospital Challenge Moves Forward: Third Circuit Halts Transaction Pending Trial Outcome

Proskauer Rose LLP on

A Federal Appeals Court has sided with the FTC and preliminarily blocked the proposed merger of the largest hospitals in the Harrisburg, Pennsylvania area, and Penn State Hershey Medical Center and PinnacleHealth System. The...more

Pierce Atwood LLP

Two New Court Decisions Bookend Antitrust Risks for Integrated Hospitals

Pierce Atwood LLP on

A Florida federal court recently denied summary judgment to an integrated hospital system hoping to exit a multicount antitrust and unfair trade lawsuit. Four days later, the Third Circuit Court of Appeals upheld summary...more

Patterson Belknap Webb & Tyler LLP

Court Halts FTC’s Bid to Block Chicago-Area Hospital Merger

On June 14, 2016, in FTC v. Advocate Health Care et al., No. 15-cv-11473, the District Court for the Northern District of Illinois denied the Federal Trade Commission’s attempt to stop the merger of Advocate Health Care...more

Robinson & Cole LLP

Health Law Pulse - June 2016

Robinson & Cole LLP on

On May 9, 2016, a federal district court for the Middle District of Pennsylvania rejected a request from the Federal Trade Commission (FTC) for a preliminary injunction to enjoin the pending merger (Merger) between Penn...more

Patterson Belknap Webb & Tyler LLP

St. Luke’s Asks Ninth Circuit to Reconsider Health Care Merger Case

St. Luke’s Health System and Saltzer Medical Group last week asked the full Ninth Circuit to reconsider its ruling that their merger violated federal antitrust laws. St. Luke’s purchased physician group Saltzer in...more

Cooley LLP

Alert: Ninth Circuit Recognizes Efficiencies May Enhance Competition in Antitrust Challenge to Merger*

Cooley LLP on

In a rare appellate opinion addressing the merits of a merger challenge, the Ninth Circuit last month sided with the Federal Trade Commission, finding that a 2012 merger of two health care providers in Idaho was likely to...more

K&L Gates LLP

Ninth Circuit Court of Appeals Nixes Hospital System Acquisition of Physician Practice Group: Preserving Competition Trumps Better...

K&L Gates LLP on

On February 10, 2015, the United States Court of Appeals for the Ninth Circuit (which covers Idaho, Montana, Oregon, Washington, California, Nevada, Alaska, Hawaii and Arizona) ordered St. Luke’s Health System, Ltd. (“St....more

McDermott Will & Emery

Ninth Circuit Affirms Divestiture of Consummated Physician Practice Acquisition

The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system. The case, which...more

Baker Donelson

FTC Notches Yet Another Victory in a Provider Merger Case

Baker Donelson on

On February 10, in Saint Alphonsus Medical Center-Nampa v. St. Luke’s Health System (St. Alphonsus), the U.S. Court of Appeals for the Ninth Circuit handed the Federal Trade Commission yet another provider-merger win. ...more

Akerman LLP - Health Law Rx

Divestiture of St. Luke's Acquisition Upheld Despite Transaction's "Laudable" Goals

On February 10, 2015, the Federal Trade Commission (FTC) achieved a historic victory when a U.S. Court of Appeals ruled that a hospital's acquisition of a physician's group – the transaction challenged by the FTC – ran afoul...more

Akerman LLP - Health Law Rx

Divestiture of St. Luke's Acquisition Upheld Despite Transaction's "Laudable" Goals

On February 10, 2015, the Federal Trade Commission (FTC) achieved a historic victory when a U.S. Court of Appeals ruled that a hospital's acquisition of a physician's group – the transaction challenged by the FTC – ran afoul...more

Polsinelli

St. Luke's Health: Does Improving Patient Care Justify a Merger Under Antitrust Law? Ninth Circuit Says "No" and Orders...

Polsinelli on

Healthcare providers frequently consolidate to cut costs and improve patient care. These benefits can result from sharing administrative costs such as billing and electronic recordkeeping, eliminating excess capacity, better...more

Sheppard Mullin Richter & Hampton LLP

In Highly-Anticipated Decision, Ninth Circuit Affirms That Hospital-Physician Group Merger in St. Luke’s Violated Section 7 And...

On February 10, 2015, the Ninth Circuit issued its highly-anticipated decision at the intersection of health care and antitrust, affirming the lower court’s finding that a hospital-physician group merger completed nearly...more

King & Spalding

Ninth Circuit Upholds the FTC’s Challenge to the St. Luke’s/Saltzer Combination

King & Spalding on

On February 10, 2014, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision, which held that St. Luke’s Health System’s (“St. Luke’s”) acquisition of Saltzer Medical Group (“Saltzer”) violated...more

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