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Antitrust Keyed to Morgan, 7th Ed.
Federal Trade Commission v. Penn State Hershey Medical Center
Citation:
838 F.3d 327 (2016)Facts
Penn State Hershey Medical Center is a leading academic medical center with 551 beds, employing more than 800 physicians and offering complex, specialized services. PinnacleHealth System operates three hospital campuses with 646 beds, employing fewer than 300 physicians and focusing on primary and secondary services. In June 2014, the hospitals signed a letter of intent to merge, and their boards approved the merger in March 2015. The FTC investigated and filed an administrative complaint in December 2015, alleging the merger violated Section 7 of the Clayton Act. The FTC and Commonwealth of Pennsylvania sought a preliminary injunction, claiming the merged entity would control 76% of the market for general acute care services in Harrisburg. The District Court denied the injunction, finding the FTC had not properly defined the relevant geographic market. The court relied heavily on patient flow data showing that 43.5% of Hershey’s patients came from outside the FTC’s proposed four-county market, and on private agreements the hospitals had made with insurers to maintain current rates for several years post-merger.
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