Federal Trade Commission Dismisses Antitrust Case Against LabCorp

WASHINGTON D.C., 22 April 2011 – The Federal Trade Commission (FTC) today announced that it has dismissed an antitrust case surrounding Laboratory Corp. of America's $57.5 million purchase of Westcliff Medical Laboratories Inc., a rival provider of laboratory services in California. LabCorp was represented in this matter by Hogan Lovells.

In early December last year, the FTC sued to block the non-reportable transaction, alleging that it violated antitrust laws. In February, the US District Court for the Central District of California denied the FTC’s request for a preliminary injunction to temporarily block integration of the two companies. Expressing doubts about the case, Judge Andrew J. Guilford denied the FTC's request for a preliminary injunction and also dissolved the temporary restraining order that had been in place since mid-December. He ruled that the FTC had not shown it was likely to succeed on the merits of its case during its administrative proceedings evaluating the merger.

The FTC then sought a temporary injunction from the Ninth Circuit. That request was denied 2-1 by a Ninth Circuit panel in March. Following that denial, the FTC elected not to pursue its appeal and ultimately decided not to dismiss the underlying case altogether.

Hogan Lovells Washington, D.C. partners Robert Robertson and Corey Roush led the LabCorp team, which also included associates Ben Holt, Leigh Oliver, Justin Bernick, Meghan Edwards-Ford, Will Rawson, and Christine Habeeb.

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