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FEDERAL TRADE COMMISSION v. PHOEBE PUTNEY HEALTH SYSTEM, INC.

Docket No.: 11-1160
Certiorari Granted: Jun 25 2012
Argued: November 26, 2012
Decided: February 19, 2013

Topics:

Mergers, Sherman Act, antitrust, preliminary injunction, rule of reason

PartyNames: Federal Trade Commission v. Phoebe Putney Health System, Inc., et al.
Petitioner: Federal Trade Commission
Respondent: Phoebe Putney Health System, Inc., et al.

Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: 663 F.3d 1369
Supreme Court Docket

Federal Trade Commission
v.
Phoebe Putney Health System, Inc., et al.
Background:

Under the "state action doctrine," the federal antitrust laws do not apply to the anticompetitive conduct of certain subordinate public entities created by a State if the conduct is authorized as part of a "state policy to displace competition" that is "clearly articulated and affirmatively expressed" in state law. Town of Hallie v. City of Eau Claire, 471 U.S. 34,38-39 (1985) (citations omitted). The doctrine extends to private entities if the state policy is so articulated and the private conduct is "'actively supervised' by the State itself," California Retail Liquor Dealers Ass'n v. Midcal Aluminum, Inc., 445 U.S. 97, 105 (1980) (citation omitted). "[T]he State may not," however, "validate * * * anticompetitive conduct simply by declaring it to be lawful." Hallie, 471 U.S. at 39. In this case, a local government entity created by Georgia law, acting at the behest of a private actor and using the general corporate powers conferred on it by the State, acquired the only competitor of that private actor arid immediately transferred control of the competitor to the private actor, creating a private monopoly.

Question Presented:

1. Whether the Georgia legislature, by vesting the local government entity with general corporate powers to acquire and lease out hospitals and other property, has "clearly articulated and affirmatively expressed" a "state policy to displace competition" in the market for hospital services. 2. Whether such a state policy, even if clearly articulated, would be sufficient to validate the anticompetitive conduct in this case, given that the local government entity neither actively participated in negotiating the terms of the hospital sale nor has any practical means of overseeing the hospital's operation.

FEDERAL TRADE COMMISSION v. PHOEBE PUTNEY HEALTH SYSTEM, INC.
ORAL ARGUMENT

November 26, 2012

Listen to Oral Argument in FEDERAL TRADE COMMISSION v. PHOEBE PUTNEY HEALTH SYSTEM, INC.
Holding: REVERSED AND REMANDED
Vote: 9-0
Opinion By:
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