Phoebe Putney – victory for FTC

In a rare display of unanimity, the Supreme Court today ruled 9-0 that the “state action doctrine” did not apply to protect a Georgia hospital merger from antitrust scrutiny.
If a state wants to displace competition, that policy must be “clearly articulated and affirmatively expressed.” The general statute in Georgia did not meet that test.
Doesn’t mean the merger is blocked, just that state action isn’t the defense.

Previous TIE coverage here.  Full disclosure:  I signed an amicus brief supporting the FTC.

@koutterson

Share on twitter
Share on facebook
Share on linkedin
Share on reddit
Share on email

Hidden information below

Subscribe

* indicates required
Email Format