State Action Immunity Trumps Federal Pre-Merger Notification Requirements

Highlights

• The U.S. District Court for the Eastern District of Louisiana recently issued a summary judgment against the Federal Trade Commission (FTC) on its challenge to the acquisition of three Louisiana hospitals pursuant to the Louisiana Certificate of Public Advantage (COPA) statute exempting the transaction from federal antitrust laws.
• The decision brings much-needed clarity to the topic of protections provided to merging hospitals subject to a COPA.
• This Holland & Knight alert details the FTC's arguments and how the court arrived at its ruling.

The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant to the Louisiana Certificate of Public Advantage (COPA) statute that exempted their transaction from the reach of federal antitrust laws. The decision provides much-needed clarity as to