ProMedica Health System, Inc. v. Federal Trade Commission: Setting the Stage for Certiorari

Perspectives in Antitrust

Daniel C. Fundakowski, an Associate in the Health Care and Life Sciences practice, in the firm’s Washington, DC, office, authored an article in The Civil Practice & Procedure Committee’s Young Lawyers Advisory Panel: Perspectives in Antitrust, titled “ProMedica Health System, Inc. v. Federal Trade Commission: Setting the Stage for Certiorari.

Following is an excerpt:

On April 22, 2014, the United States Court of Appeals for the Sixth Circuit upheld the Federal Trade Commission’s (“FTC”) divestiture order finding that ProMedica Health System, Inc.’s (“ProMedica’s”) purchase of rival St. Luke’s Hospital (“St. Luke’s”) was anticompetitive and likely would lead to higher prices for consumers in the Toledo, Ohio area. On December 22, 2014, ProMedica filed a writ of certiorari with the Supreme Court seeking review of a Sixth Circuit decision that purportedly “injects profound confusion into fundamental aspects of merger law, while simultaneously handing the FTC unbridled discretion to block local hospital mergers almost at whim.” This article explores the issues and key arguments raised in ProMedica’s petition for Supreme Court review.