Third Circuit Blocks Hospital Merger in Key Victor for FTC on Geographic Market Definition

Overview


Jeffrey Brennan, Ashley McKinney Fischer, Daniel Powers and Stephen Wu wrote this bylined article on a Third Circuit decision to uphold the FTC’s geographic test for competitive analysis of hospital mergers. The authors concluded that “efficiencies claimed in many hospital transactions may face increased scrutiny in future cases” because of the ruling, adding that hospitals “likely will need to demonstrate concrete consumer benefits in order to gain credit for such efficiencies.”