11th Circ.'s $195M Hospital Merger Case 'Flawed,' FTC Says

Law360, New York (August 20, 2012, 8:38 PM EDT) -- The Federal Trade Commission criticized the Eleventh Circuit Monday for its "fundamentally flawed" reading of state action antitrust immunity in its decision allowing Phoebe Putney Health System Inc.'s $195 million merger with its only nearby rival, arguing that Georgia law doesn't shield the deal from antitrust scrutiny.

In its merits brief to the U.S. Supreme Court, the antitrust watchdog reiterated its arguments that the Georgia hospital authority law at issue in the case did not meet the requirements for antitrust immunity under Supreme Court precedent, mainly...
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