Feb 25, 2013

Merger Activities by Local Hospital Authority Not Immune From Antitrust Review

In Federal Trade Comm’n v. Phoebe Putney Health Sys., Inc., Case No. 11-1160 (decided Feb. 19, 2013), the United States Supreme Court ruled that the purchase of a hospital by a local public hospital authority in Georgia was subject to review under the federal antitrust laws. The case involved the Hospital Authority of Albany-Dougherty County, which was created under Georgia’s Hospital Authorities Law.  The Authority operated one hospital in Albany, Georgia as a private, non-profit corporation.  The Authority entered into a contract to purchase a second hospital in Albany.  Together, the two hospitals accounted for 86% of the market for… Read more