Hogan Lovells Publications | Antitrust, Competition and Economic Regulation Alert | 24 October 2012

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

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.

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