Ohio Hospital Seeks High Court Review of Sixth Circuit Ruling Requiring Divestiture

Overview


David Marx and Stephen Wu were among the lawyers petitioning the U.S. Supreme Court to review a federal appeals court ruling that required a health care system to divest an Ohio acquisition in compliance with an FTC order. The petition held that the appeals court’s decision deviated from antitrust law principles by accepting the FTC’s use of market share statistics to support a claim that the merged entities could unilaterally raise prices unlawfully.

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