F.T.C. v. PENN STATE HERSHEY MEDICAL CENTER

No. 17-2270.

914 F.3d 193 (2019)

FEDERAL TRADE COMMISSION; Commonwealth of Pennsylvania v. PENN STATE HERSHEY MEDICAL CENTER; Pinnacle Health System Commonwealth of Pennsylvania, Appellant

United States Court of Appeals, Third Circuit.

Filed: January 23, 2019.


Attorney(s) appearing for the Case

Wesley G. Carson , Esq., Peggy Bayer Femenella , Esq., James W. Frost , Esq., Lynda Lao , Esq., Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, DC 20580, William H. Efron , Esq., Ryan F. Harsch , Esq. Jared P. Nagley , Esq., Jonathan W. Platt , Esq., Gerald A. Stein , Esq., Geralyn J. Trujillo , Esq., Nancy Turnblacer , Esq., Theodore Zang , Esq., Federal Trade Commission, One Bowling Green, Suite 318, New York, NY 10004, Counsel for Plaintiff Federal Trade Commission.

Howard G. Hopkirk , Esq. [Argued], Tracy W. Wertz , Esq., Office of Attorney General of Pennsylvania, Strawberry Square, Harrisburg, PA 17120, Kemal A. Mericli , Esq., Office of Attorney General of Pennsylvania, 1251 Waterfront Place, Pittsburgh, PA 15222, Counsel for Appellant Commonwealth of Pennsylvania.

William D. Coglianese , Esq. [Argued], Christopher N. Thatch , Esq., Adrian Wager-Zito , Esq., Jones Day, 51 Louisiana Avenue, N.W., Washington, DC 20001, Counsel for Appellees Penn State Hershey Medical and Pinnacle Health System.

Luminita Nodit , Esq., Office of Attorney General of Washington, 800 Fifth Avenue, Suite 2000, Seattle, WA 98104, Counsel for Amicus Appellants.

BEFORE: SHWARTZ, NYGAARD, and RENDELL, Circuit Judges.


OPINION OF THE COURT

I.

In March 2015, the Boards of Penn State Hershey Medical Center and Pinnacle Health System ("Hershey" and "Pinnacle," respectively) formally approved a plan to merge. They had announced the proposal a year earlier, so the Commonwealth of Pennsylvania and the Federal Trade Commission...

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