U.S. Court of Appeals for the 9th Circuit
Mar. 6, 2015
Spotted: possible efficiencies in competitor combos
In a rare opinion addressing a merger challenge, the 9th Circuit acknowledged the potential efficiencies created when competitors combine. By Howard Morse and David Burns
In a rare appellate opinion addressing a merger challenge, the 9th U.S. Circuit Court of Appeals last month sided with the Federal Trade Commission, finding that a merger of two health care providers was likely to substantially lessen competition in violation of the antitrust laws. St. Alphonsus v. St. Lukes, 2015 DJDAR 1699 (Feb. 10, 2015).
Even though it found for the government, the court broke with long-standi...
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