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In Win for FTC, Unanimous High Court Finds No State Action Immunity in Hospital Merger

Feb.12.2013 — BNA's Health Law Reporter

Washington, D.C.-based co-chair of Crowell & Moring's Health Care Group, Art L. Lerner, comments on the implications of the U.S. Supreme Court ruling on FTC v. Phoebe Putney Health System, Inc. (U.S., No. 11-1160,2/19/13). In reference to Lerner’s view of the ruling, the article notes, "The high court went back to the roots of its state action jurisprudence in holding that there must be an affirmative action policy for state action immunity to apply." Mr. Lerner is specifically quoted with the comment, "It seems entirely logical -- afterwards -- that the decision to apply the doctrine narrowly would be unanimous given that this case involves whether antitrust laws apply rather than how they should be applied."

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