PinnacleHealth-Penn State Hershey Merger: What Happens Now?


Jeffrey Brennan called the FTC’s definition of a relevant geographic market, which was upheld by the Third Circuit in a case approving a challenge to a Pennsylvania consolidation, “a critically important analytical concept in hospital merger cases.” Noting past FTC use of the approach, Mr. Brennan concluded that “the Third Circuit’s decision on appeal restores the FTC’s winning streak … and adopts its analytical methods for market definition.”