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Bruce Boisture Explains Hospital Merger Exemption from Antitrust Laws in Bloomberg BNA Health Law Reporter

Publisher: Bloomberg
April 26, 2012
Day Pitney Author(s) J. Bruce Boisture

Bruce Boisture discussed "State-Action Immunity From the Antitrust Laws for Hospital Mergers," in the April 26 issue of Bloomberg BNA Health Law Reporter. Bruce wrote that despite a trend toward consolidation in the healthcare industry, recent attempts at hospital mergers have been blocked by the FTC. A federal district court and the U.S. Court of Appeals for the Eleventh Circuit recently ruled in favor of a merger in Georgia, however, citing the "state-action doctrine" in their decisions. The Supreme Court will consider reviewing the case, but Bruce wrote that it will likely be denied, in which case nonprofit hospital boards "may want to consider working with their state legislatures to create state-law structures that endorse and oversee such consolidation."