In the Headlines
August 13, 2024
Are 'Public Advantage' Laws Driving Up Healthcare Costs?
Law360
Antitrust attorney David Kully was quoted in a Law360 article discussing the debate surrounding Certificate of Public Advantage (COPA) laws, which allow hospital mergers to obtain antitrust immunity in certain states. The article highlighted concerns that these laws may be driving up healthcare costs by reducing competition and enabling monopolistic hospital consolidations. Mr. Kully provided his perspective on a recent Louisiana federal court ruling that hindered the Federal Trade Commission's (FTC) efforts to challenge a COPA-approved merger.
He said he found the decision "persuasive, particularly when it observed that requiring adherence to [Hart-Scott-Rodino Act] reporting requirements for a transaction that was clearly immune under the state action doctrine made little sense."
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He said he found the decision "persuasive, particularly when it observed that requiring adherence to [Hart-Scott-Rodino Act] reporting requirements for a transaction that was clearly immune under the state action doctrine made little sense."
READ: Are 'Public Advantage' Laws Driving Up Healthcare Costs? (Subscription required)