Observations on the Commission’s Evanston Remedy: When Is Divestiture, or Any Remedy, Not Appropriate for a Consummated Anticompetitive Merger?

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Mark Botti, May 27, 2008

On April 28, 2008, the U.S. Federal Trade Commission issued its final order, specifying the remedy for the antitrust violation it determined Evanston Northwestern Healthcare Corporation and Highland Park Hospital committed in 2000 when ENHC acquired Highland Park. The Commission had already decided on August 6, 2007, that it would forego a structural remedy (i.e., divestiture) in favor of a conduct remedy. The April order established the specific terms of the remedial conduct order. Perhaps more importantly, it is the most recent decision from an enforcement agency regarding remedies for consummated anticompetitive mergers and stakes out a position significantly different from prior indications.


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