Justices To Hear FTC's Phoebe Putney Antitrust Immunity Claim

Law360, New York (June 25, 2012, 11:49 AM EDT) -- The U.S. Supreme Court agreed Monday to consider the Federal Trade Commission's claim that state action doctrine shouldn't shield from antitrust scrutiny Phoebe Putney Health System Inc.'s $195 million merger with its only nearby rival, the court's first major look at the issue in two decades.

The justices will review the Eleventh Circuit's December decision allowing Phoebe to acquire fellow Georgia health care provider Palmyra Park Hospital Inc. even though the appellate panel concluded that the deal would likely create a monopoly.

At the time, the...
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