Antitrust Column & Publications

Supreme Court Hospital Merger Not Immune Under State Action

Date: 02/25/13

Source: The New York Law Journal. Reprinted with permission.

The U.S. Supreme Court ruled that the state action doctrine did not shield the combination of two Georgia hospitals from FTC scrutiny because the state did not clearly articulate a policy empowering the local hospital authority to undertake mergers that will substantially lessen competition. The U.S. Court of Appeals for the Tenth Circuit declined to review a lower court decision not to dismiss on state action grounds antitrust claims against a private apartment complex that had an exclusive contract with a state university.

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