An Unusual FTC Remedy In Phoebe Hospital Merger

Law360, New York (September 19, 2013, 6:27 PM EDT) -- The Federal Trade Commission has settled its long-running dispute with the Phoebe Putney Health System Inc., Palmyra Park Hospital and the Hospital Authority of Albany-Dougherty County over the hospital authority's acquisition of Palmyra in Albany, Ga.

Memorialized in a consent decree, the settlement in this merger challenge is unusual for what it does not include — a requirement that the hospital authority divest Palmyra. According to the FTC, Georgia's certificate-of-need ("CON") law precludes a divestiture of either hospital. And beyond that, the FTC chose not to...
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