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Federal Trade Commission and the State of Georgia v. Phoebe Putney Health Systems, Inc., et al.

Date Filed: April 20, 2011
Status: Decided
District Court: United States of America Before The Federal Trade Commission; Middle District of Georgia Albany Division – FTC Matter No. 111 0067; Case No. 1:11–cv–58 (WLS)
Appellate Court: 11th Circuit Case No. 11–12906; Supreme Court Case No. 11–1160
Nature of Suit: Healthcare Consolidation
Defendant Type: Provider
Plaintiff Type: Federal, State
Case Info: https://www.ftc.gov/enforcement/cases-proceedings/111-0067/phoebe-putney-health-system-inc-phoebe-putney-memorial

On March 31, 2015, the FTC announced that it had reached a consent agreement with Phoebe Putney Health System, the Hospital Authority of Albany-Doughtery County and HCA concerning the Hospital Authority’s acquisition of a hospital from HCA, a deal the FTC deemed anticompetitive. The post-Supreme Court settlement reached is similar to the one proposed in 2013 and: (1) requires Phoebe Putney and the Hospital Authority to give the FTC prior notice before acquiring any part of a hospital or a controlling interest in other healthcare providers in the Albany, Georgia area; (2) prohibits the Hospital Authority and Phoebe Putney from opposing a Certificate of Need application for a general acute-care hospital in the Albany area; and (3) contains a stipulation that the effect of the transaction may be substantially to lessen competition within the relevant service and geographic markets alleged in the complaint.


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