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FTC v. Phoebe Putney Health System

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Case Term OT 2012
Category Other Cases
Question Presented (1) Whether the Georgia legislature, by vesting the local government entity with general corporate powers to acquire and lease out hospitals and other property, has “clearly articulated and affirmatively expressed” a “state policy to displace competition” in the market for hospital services. (2) Whether such a state policy, even if clearly articulated, would be sufficient to validate the anticompetitive conduct in this case, given that the local government entity neither actively participated in negotiating the terms of the hospital sale nor has any practical means of overseeing the hospital's operation.
Lower Court's Decision
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by Westlaw
Westlaw

Merit Briefs:

Certiorari-Stage Documents:

Outcome - Reverse

This case was decided on 18 February, 2013.

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