Clarification From High Court On State Action Exemption

Law360, New York (February 19, 2013, 5:22 PM EST) -- In a unanimous opinion Feb. 19, 2013, the U.S. Supreme Court reversed the Eleventh Circuit in Federal Trade Commission v. Phoebe Putney Health System Inc. and found that a merger of two Georgia hospitals was not immune from the federal antitrust laws under the "state action" exemption. Writing for a unanimous court, Justice Sonia Sotomayor found that the exemption was not met because the potentially anti-competitive merger was not "the inherent, logical or ordinary result of the exercise of authority" granted to the state subdivision. This latest of many court opinions to explain the exemption should provide clearer guidance to municipalities and even private actors exercising authority delegated by a state....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.

A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!