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Hospitals › Certificates of Public Advantage (COPAs)

Goodwin

Antitrust & Competition Healthcare Quarterly Update Q1 2025

Goodwin on

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

Epstein Becker & Green

Opposition to Renewed COPA Application in Indiana Reveals FTC Leadership’s Views on Hospital Merger Enforcement

Epstein Becker & Green on

The Federal Trade Commission (FTC) recently submitted comments in opposition to a renewed application for a certificate of public advantage (COPA) that would, if granted, allow two hospitals in Indiana to merge despite...more

Epstein Becker & Green

FTC Disputes Whether States Can Effectively Displace Hospital Competition with COPA Regulation - Antitrust Byte | Epstein Becker...

Epstein Becker & Green on

As many as 19 states maintain the ability to exercise local control over hospital competition by offering industry participants wishing to merge a certificate of public advantage (COPA)....more

Stevens & Lee

Louisiana’s COPA Exempts Hospital Acquisitions from Federal Antitrust Laws

Stevens & Lee on

As explained in prior posts, the Federal Trade Commission (“FTC”) filed suit in April of this year in Federal District Court for the District of Columbia seeking to enjoin Louisiana Children’s Medical Center (“LCMC”) from...more

Nelson Mullins Riley & Scarborough LLP

If Enacted, North Carolina House Bill 737 Will Transform the Legal Landscape for Hospital Transactions

Nelson Mullins Riley & Scarborough LLP on

On April 18, 2023, Representative Caleb Rudow (D-Buncombe) introduced House Bill (HB) 737, entitled An Act Preserving Competition in Health Care by Regulating the Consolidation and Conveyance of Hospitals. If enacted, HB 737...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

Stevens & Lee

COPA-Like Agreements in Pennsylvania and COPA Rules in Neighboring States

Stevens & Lee on

In the first part of this article, we discussed the Federal Trade Commission’s (“FTC”) recently issued staff policy paper strongly urging states to avoid using Certificates of Public Advantage (“COPA”) which seek to immunize...more

Stevens & Lee

Federal Trade Commission Policy Paper Takes Hard Stance Against Certificates of Public Advantage

Stevens & Lee on

Background- Many states have enacted Certificate of Public Advantage (“COPA”) laws which seek to permit hospital mergers that might otherwise have been challenged by the Federal Trade Commission (“FTC”) and found to violate...more

Cozen O'Connor

FTC Urges States to Stop Using COPA Laws to Shield Hospital Mergers From Antitrust Enforcement

Cozen O'Connor on

The FTC released a policy paper and fact sheet highlighting the negative impact Certificates of Public Advantage (COPAs)— state laws enacted to shield hospital mergers from federal antitrust enforcement in favor of regulatory...more

Stevens & Lee

Tying, Tiering, Steering and Gag Clause Issues Front and Center Again

Stevens & Lee on

We previously reported on several cases involving successful antitrust challenges to proposed hospital mergers involving Hackensack Meridian Health System and Englewood Hospital in Bergen County New Jersey; RWJ Barnabas...more

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