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Hospitals Antitrust Litigation Healthcare

McDermott Will & Emery

This Week in 340B: June 24 – 30, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

McDermott Will & Emery

This Week in 340B: June 10 – 16, 2025

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Goodwin

Antitrust & Competition Healthcare Quarterly Update Q1 2025

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While M&A activity has slowed in the tail end of the first quarter of 2025, including in healthcare, there have been several noteworthy developments in the antitrust space in the first 100 days of the Trump Administration. ...more

Holland & Knight LLP

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

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District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more

Axinn, Veltrop & Harkrider LLP

Hospital Deal Collapses When Fourth Circuit Agrees to Injunction Pending Review of FTC Loss — Key Issue Left Unresolved

The FTC lost its challenge to Novant's acquisition of two hospitals owned by Community Health Systems ("CHS") but obtained an injunction pending appeal. Soon after learning the injunction was granted, Novant dropped the...more

Bass, Berry & Sims PLC

Sutter Health Prevails in Antitrust Trial Arising from Its Contracting Practices

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On March 11, a California federal jury delivered a verdict in favor of Sutter Health, one of the nation’s largest hospital systems, in a $411 million class-action lawsuit alleging Sutter’s contracts with insurers unlawfully...more

Bradley Arant Boult Cummings LLP

2021 AHLA Year in Review: Antitrust

I. ANTITRUST (Updated January 2022) - A. M&A - 1. Provider Merger Enforcement - a. Hackensack Meridian Health/Englewood Healthcare Foundation - • In December 2020, the FTC sued to block Hackensack Meridian...more

Epstein Becker & Green

Distinguishable Products and Tying Claims in Health Care Markets

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Unlawful tying occurs when an entity with market power in one product (the “tying” product) agrees to sell that product but only on the condition that the buyer also agrees to buy a second product (the “tied” product), or at...more

McDermott Will & Emery

Antitrust Litigation Update for Health Care Providers - June 2019

2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable...more

Mintz

Attempted Monopolization Suit Based on Alleged Referral Steering Moves Forward with Court’s Acceptance as Plausible of a...

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A private home health care agency’s attempted monopolization suit against a dominant public hospital system and its home health care agency will move forward following a federal district court’s denial of the defendant...more

Holland & Knight LLP

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

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As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Polsinelli

2016 Antitrust Case Law And FTC Action Highlights FTC Agency’s Approach To Hospital Mergers

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In 2016, the Federal Trade Commission prevailed in litigation before the Third and Seventh Circuit Courts of Appeal related to two high-profile hospital mergers. In both cases, the courts of appeal overturned the federal...more

McDermott Will & Emery

Seventh Circuit Hands FTC Another Geographic Market Definition Victory in Chicago Hospital Merger Case

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On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This...more

Ballard Spahr LLP

FTC Scores Another Victory in FTC v. Advocate Health Care Network

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The Federal Trade Commission (FTC) won another decisive victory in its effort to fight health care provider consolidation when the U.S. Court of Appeals for the Seventh Circuit reversed a district court’s decision denying the...more

Mintz

Big Summary Judgment Win for Hospital Defending $300M Exclusive Dealing Antitrust Suit

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After fending off a motion for judgment on the pleadings in March 2015, a small hospital in Peoria, Illinois lost on summary judgment in its $300 million antitrust suit alleging illegal exclusive dealing and attempted...more

King & Spalding

Phoebe Putney Reaches Settlement with FTC

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On March 31, 2015, the Federal Trade Commission (FTC) entered into a settlement with Phoebe Putney Health System, Inc. (Phoebe Putney), the Hospital Authority of Albany-Dougherty County, and HCA Inc., finally resolving the...more

Mintz

Hospital Wins First Round Against Largest Rival in Antitrust Suit Alleging Illegal Exclusive Dealing Agreements with Insurers

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The waves of change affecting health care providers include reimbursement and funding developments, the impact of the Affordable Care Act, technological and medical advances, provider network design transformations imposed by...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

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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

Mintz

Ninth Circuit Affirms FTC’s Challenge to Hospital-Physician Group Merger, While Rejecting Efficiencies and Health Care Quality...

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In a much anticipated appellate health care antitrust decision, the United States Court of Appeals for the Ninth Circuit upheld a district court’s finding that a consummated hospital-physician group merger violated Section 7...more

Proskauer Rose LLP

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

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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

Saul Ewing LLP

Ninth Circuit Affirms Divestiture Order in St. Luke’s/Saltzer Medical Group Acquisition

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In an opinion issued February 10, 2015, the U.S. Court of Appeals for the Ninth Circuit affirmed a year-old decision by the Idaho District Court which held that St. Luke’s Health System’s acquisition of the Saltzer Medical...more

Parker Poe Adams & Bernstein LLP

FTC Successful Challenge to Hospital Acquisition of Physician Group

In March 2013, the Federal Trade Commission, together with the Idaho Attorney General, filed a complaint seeking to block St. Luke’s Health System’s planned acquisition of Saltzer Medical Group P.A., a multi-specialty...more

Faegre Drinker Biddle & Reath LLP

Goliath Defeats David in Ohio Hospital Suit

On Monday the court unsealed its October 20 decision handing Premier summary judgment. Tiny Medical Center at Elizabeth Park (MCEP) had sued the Premier hospitals, alleging they had engaged in an antitrust conspiracy to keep...more

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