We use cookies to deliver our online services. Details of the cookies we use and instructions on how to disable them are set out in our Cookies Policy. By using this website you agree to our use of cookies. To close this message click close.

Court to tackle "state action" for the first time in 20 years

24 October 2012

Antitrust, Competition and Economic Regulation Alert

On November 26, the U.S. Supreme Court will hear argument in FTC v. Phoebe Putney Health System, No. 11-1160, its first case in 20 years about "state action" immunity under the antitrust laws. Antitrust practitioners and scholars are understandably eager for the court's latest thinking on the doctrine, and the decision could affect the availability of state action immunity for some hospitals. But it is not clear that the case will change the law in any dramatic way. A clarification of the doctrine is the most likely result, and it will be welcome.

Read: "Court to tackle 'state action' for the first time in 20 years"

The team

Loading data