Case Study: Messner V. Northshore

Law360, New York (February 9, 2012, 6:45 PM EST) -- In the health care antitrust world, the Federal Trade Commission Evanston case, involving a retrospective attack on the consummated merger between Evanston Northwestern and Highland Park hospitals, is an important government enforcement benchmark. Now in a private antitrust class action, the Evanston merger continues to make important law, both with respect to class certification issues and the analysis of antitrust harm in the private class context when differential pricing is present.

Some commentators have been quick to hail the U.S. Supreme Court's landmark decision in Wal-Mart...
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