F.T.C. v. PHOEBE PUTNEY HEALTH SYSTEM, INC.

No. 11-1160.

133 S.Ct. 1003 (2013)

185 L.Ed.2d 43

FEDERAL TRADE COMMISSION, Petitioner v. PHOEBE PUTNEY HEALTH SYSTEM, INC., et al.

Supreme Court of United States.

Decided February 19, 2013.


Attorney(s) appearing for the Case

Benjamin J. Horwich , for Petitioner.

Seth P. Waxman , Washington, DC, for Respondents.

Willard K. Tom , General Counsel, John F. Daly , Deputy General, Counsel for Litigation.

Imad D. Abyad , Michele Arington , Attorneys, Federal Trade Commission, Washington, DC, Donald B. Verrilli, Jr. , Solicitor General, Counsel of Record, Malcolm L. Stewart , Deputy Solicitor General, Renata B. Hesse , Deputy Assistant Attorney General, Benjamin J. Horwich , Assistant to the Solicitor General, Department of Justice, Washington, DC, for Petitioner.


Justice SOTOMAYOR delivered the opinion of the Court.

Under this Court's state-action immunity doctrine, when a local governmental entity acts pursuant to a clearly articulated and affirmatively expressed state policy to displace competition, it is exempt from scrutiny under the federal antitrust laws. In this case, we must decide whether a Georgia law that creates special-purpose public entities called hospital authorities and gives those entities general corporate...

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