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November 22, 2022  

Looking Back and Looking Forward: Insights on FTC Policy Perspectives on Certificate of Public Advantage

This Briefing is brought to you by AHLA’s Antitrust Practice Group.
  • November 22, 2022
  • Margaret E. Guerin-Calvert , FTI Consulting, Inc.
  • Vic Domen , Norton Rose Fulbright US LLP

The Federal Trade Commission (FTC) recently issued a Staff Policy Paper (Policy Paper or FTC Staff Paper) on FTC Policy Perspectives on Certificate of Public Advantage. The Policy Paper summarizes findings, economic research, and practical experience on COPAs including developments from the 2019 FTC COPA workshop. It refers to additional economic research on specific COPAs including their performance on metrics such as pricing and quality both during and after expiration of COPAs; it also provides an overview of COPA-related regulatory methodologies. The Policy Paper provides perspectives on the current and likely state of play by identifying several states with COPA statutes, those approving mergers subject to COPAs, and brief updates on two recent COPAs on which the FTC Staff indicates there will be ongoing assessment. For context, the Policy Paper also sets out broader perspectives on hospital competition and FTC merger policy.

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