The past 18 months have been a busy time for the staffers investigating hospital mergers at the Federal Trade Commission (FTC). In December 2011, the U.S. Court of Appeals for the 11th Circuit affirmed a district court’s denial of an FTC preliminary injunction motion,[1] from which the FTC and Solicitor General in March 2012 filed a petition seeking review by the U.S. Supreme Court (the “Phoebe Transaction”). Also in March, the FTC ruled that the 2010 acquisition of control over a rival health system in the Toledo, Ohio, area would have anticompetitive effects and ordered divestiture;[2] the parties reportedly plan to appeal (the “ProMedica Transaction”). In April 2012, the U.S. District Court for the Northern District of Illinois granted the FTC’s request for a preliminary injunction against two hospital systems in Rockford, Illinois,[3] prompting the parties to abandon their proposed transaction (the “OSF/Rockford Transaction”).At issue in each of these challenges was the anticipated consolidation in inpatient general acute care services[4] sold to commercial health plans and their customers, which the FTC is concerned will result in increased healthcare costs and reduced of quality and range of choices for local consumers. The hospitals have argued that their consolidation is just what President Obama has… Read full this story
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Hospital Consolidations: Facing Competing Pressures to Merge and Remain Independent have 315 words, post on www.natlawreview.com at June 17, 2012. This is cached page on Law Breaking News. If you want remove this page, please contact us.