Antitrust News & Notes is a bi-monthly report concerning recent developments, issues, and matters of interest in antitrust law and competition policy. To access your copy of the most current issue, follow this link.
In this issue:
- Revisions to HSR Regulation
Effective August 18, 2011, HSR reporting requirements will change substantially. The changes will reduce certain reporting requirements and increase others. Those likely to bear the burden of increased reporting requirements are acquiring persons that are: private equity funds, master limited partnerships, and persons with substantial foreign manufacturing operations. - Leadership Changes at the DOJ and FTC
Sharis A. Pozen will be replacing Christine Varney as the Assistant Attorney General of the Antitrust Division of the DOJ and, subject to Senate confirmation, Maureen Ohlhausen will be replacing William E. Kovacic as FTC Commissioner. - District Court Rules that Public Hospital Authority
Acquisition of Main Competitor Entitled to "State Action"
Immunity, Despite Involvement of Private Nonprofit
We review the U.S. district court dismissal of an FTC complaint that the merger of the only two hospitals in Dougherty County, Georgia, violates antitrust law. Notwithstanding FTC allegations that the dominant hospital arranged and paid for the local hospital authority to acquire the dominant hospital's only rival and then lease that rival's facilities to the dominant hospital, the district court held the transaction was immune from antitrust scrutiny under the State Action Doctrine. The court's application of the Doctrine could shed light on future trends in how antitrust law impacts public-private health care partnerships.
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