FTC's Pa. Merger Loss Puts Obamacare Defense On The Table

By Jeff Zalesin (May 10, 2016, 10:02 PM EDT) -- The Federal Trade Commission's Monday failure to halt a Pennsylvania hospital merger could help health care providers in future merger cases because in a novel move, the judge described the Affordable Care Act as a factor that could help justify industry consolidation, experts say.

The so-called Obamacare defense was not the decisive factor in U.S. District Judge John E. Jones III's decision denying a preliminary injunction to stop the merger of Penn State Hershey Medical Center and PinnacleHealth System. But in passages that are sure to be cited elsewhere, the judge embraced the view that the ACA and other changes in...

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