FTC v. v. Phoebe Putney Health System Inc.

Antitrust Exemptions & Immunity, Federal Trade Commission Administrative Law Judges

(Bona Law PC)/ /Leave a comment

The FTC has notched two Supreme Court wins in recent years to narrow the state action exemption.  But elements of those two cases might best be seen as evidence that the FTC is losing the broader fight: increasing antitrust compliance by convincing non-experts of the wisdom of antitrust’s principles. Here’s a quick refresher on the…

Antitrust Exemptions & Immunity, FTC Enforcement, Mergers and Acquisitions

(Cleveland-Marshall College of Law)/ /1 Comment

The next Term may see significant SCOTUS consideration of the state action immunity, the first such case since 1992. The decision below in the defendants’ favor was quite plainly wrong, and so it might also become only the second antitrust case in twenty years in which the Court has ruled for a plaintiff.  That would…