By Steven Tenn –
In the recently concluded Advocate-NorthShore litigation, the FTC successfully challenged a proposed merger of two healthcare systems with hospitals in the northern suburbs of Chicago. This article describes the FTC’s approach in that matter. By drawing on the key takeaways from the litigation, the parties in future hospital merger cases can tailor their arguments and provide evidence to more effectively convey to the agency why their transaction does not raise significant competitive issues. This not only benefits the merging parties, but also the FTC by facilitating their ability to efficiently review the proposed transaction.