Justices Pare Antitrust Immunity In FTC Hospital Merger Win

Law360, New York (February 19, 2013, 7:51 PM EST) -- The U.S. Supreme Court narrowed antitrust immunity for state-sanctioned conduct with Tuesday's decision in Phoebe Putney Health System Inc.'s merger fight with the Federal Trade Commission, clarifying that state laws granting government authorities general corporate powers don't offer protection from federal antitrust scrutiny.

The justices unanimously overturned the Eleventh Circuit's decision allowing Phoebe Putney to go ahead with its $195 million acquisition of its only nearby rival. The court also chastened the appeals panel for applying its test for the so-called state action doctrine too loosely....
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