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Expert Analysis

6th Circ. Endorses Agency Thinking On Hospital Mergers

Law360, New York (April 29, 2014, 1:08 PM EDT) -- The Sixth Circuit recently upheld the Federal Trade Commission's decision that the merger of two hospitals in Ohio would have to be unwound because the merger was unlawful under the antitrust laws.[1] The merging parties had appealed a commission order that affirmed the ruling of an administrative law judge who oversaw a rare merits trial brought by the FTC. The Sixth Circuit's opinion endorsed current antitrust agency thinking on hospital merger analysis, and confirmed that divestiture is the expected remedy in merger cases....

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