3 Lessons From The FTC's ProMedica Hospital Merger Win

Law360, New York (April 22, 2014, 8:29 PM EDT) -- The Sixth Circuit handed the Federal Trade Commission a solid victory Tuesday when it refused to let ProMedica Health System Inc. merge with a rival Ohio hospital, reinforcing the antitrust watchdog's approach to hospital mergers.

The three-judge panel came down solidly in the FTC's corner, saying the agency was right on the facts and the law when it ordered ProMedica to divest St. Luke's Hospital.

In the process, the court said the hospitals' executives had proved their own worst enemies, criticized ProMedica's "Hail-Mary pass" of trying to defend the deal based on St. Luke's financial difficulties, and rejected the Ohio hospital...

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