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PROMEDICA HEALTH SYSTEM, INC. v. F.T.C.

No. 12-3583.

749 F.3d 559 (2014)

PROMEDICA HEALTH SYSTEM, INC., Petitioner, v. FEDERAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 22, 2014.

Attorney(s) appearing for the Case

ARGUED: Douglas R. Cole , Organ Cole + Stock LLP, Columbus, Ohio, for Petitioner. Michele Arington , Federal Trade Commission, Washington, D.C., for Respondent. ON BRIEF: Douglas R. Cole , Erik J. Clark , Organ Cole + Stock LLP, Columbus, Ohio, David Marx, Jr. , Stephen Y. Wu , McDermott Will & Emery LLP, Chicago, Illinois, for Petitioner. Michele Arington , John F. Daly , Federal Trade Commission, Washington, D.C., for Respondent. Beth Heifetz , Tara Stuckey Morrissey , Jones Day, Washington, D.C., Mark J. Botti , Hyland Hunt , Akin Gump Strauss Hauer & Feld LLP, Washington, D.C., for Amici Curiae.

Before: KETHLEDGE, WHITE, and STRANCH, Circuit Judges.

OPINION

KETHLEDGE, Circuit Judge.

This is an antitrust case involving a proposed merger between two of the four hospital systems in Lucas County, Ohio. The parties to the merger were ProMedica, by far the county's dominant hospital provider, and St. Luke's, an independent community hospital. The two merged in August 2010, leaving ProMedica with a market share above 50% in one relevant product market (for so-called primary and secondary services) and above...

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