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FTC Chief Lambastes 11th Circ. Decision On Hospital Merger

Law360, Washington (May 3, 2012, 10:20 PM EDT) -- Federal Trade Commission Chairman Jon Leibowitz criticized the Eleventh Circuit on Thursday for its "jarringly wrong" ruling that Phoebe Putney Health System Inc.'s acquisition of its only nearby rival was shielded by the state action doctrine, saying the dispute clearly warranted the U.S. Supreme Court's time.

If the decision is allowed to stand, it will not only provide a "roadmap" for other troubling deals to escape antitrust scrutiny in the future, but also undermine the legal theory it purports to apply, Leibowitz said at a speech...
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