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December 18, 2020   

FTC and Pennsylvania Lose Bid to Block Hospital Merger in Philadelphia Area: Focus Now Turns to the Third Circuit

This Bulletin is brought to you by AHLA’s Antitrust Practice Group.
  • December 18, 2020
  • Douglas C. Ross , Davis Wright Tremaine LLP , Seattle, WA
  • David Maas , Davis Wright Tremaine LLP
  • Douglas Litvack , Davis Wright Tremaine LLP

The Federal Trade Commission (FTC) and Commonwealth of Pennsylvania have failed to persuade a federal district court to block the merger of two health systems in Philadelphia’s northern suburbs pending an FTC administrative trial scheduled for March 2021. Judge Gerald Pappert, of the Eastern District of Pennsylvania, held the FTC and Pennsylvania did not carry their burden to establish any relevant geographic market in which the merger of Thomas Jefferson University and the Albert Einstein Healthcare Network is likely to substantially lessen competition.

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