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Criticism of "flowery" language by the hospitals and skepticism of whether past mergers ever passed cost savings onto insurers helped define a New Jersey federal judge's approach Wednesday to closing arguments in a Federal Trade Commission challenge to a proposed deal between two Bergen County health care systems.
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FTC Wants NJ Hospital Merger On Ice During Antitrust Row
Law360 (May 10, 2021, 7:04 PM EDT) The Federal Trade Commission urged a New Jersey federal judge Monday to halt the proposed merger of two Bergen County hospitals during the agency s antitrust challenge, arguing that it is likely to prove the deal would unlawfully constrict competition in the Garden State s most populated county.
During an oral argument on the agency s preliminary injunction request, the FTC said its argument is backed by evidence that the two entities, Hackensack Meridian Health Inc. and Englewood Healthcare Foundation, vigorously compete against each other. Eliminating that competition with this illegal merger would drive up prices while decreasing the quality of care and access.
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On Monday morning, the Federal Trade Commission quietly added a sentence to its web page dedicated to the Commission s challenge of a proposed merger of two health systems in Philadelphia s northern suburbs, Thomas Jefferson University and the Albert Einstein Healthcare Network:
The Commission vote to voluntarily dismiss its appeal to the 3rd Circuit of the district court decision declining to preliminarily enjoin the merger of Thomas Jefferson University and Albert Einstein Healthcare Network was 4-0.
The unanimous decision etches in stone that for the first time in the 21st Century the FTC has abandoned litigation to enjoin a hospital merger after failing to obtain a preliminary injunction from the district court.
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