FTC Wins Appeal to Halt Penn State Hershey/PinnacleHealth Merger - McDermott Will & Emery

FTC Wins Appeal to Halt Penn State Hershey/PinnacleHealth Merger

Overview


Jeffrey Brennan said the FTC has long evaluated hospital mergers by focusing on geographic markets, an approach upheld by the Third Circuit in backing the agency’s challenge to a Pennsylvania consolidation. Mr. Brennan said the FTC’s has made successful challenges by showing how health plans, rather than patients, are affected by prospective mergers, adding that “it’s a completely different methodological approach that the 3rd Circuit really affirmed.”