Lexology June 11, 2024
Last week, a federal judge in North Carolina declined to preliminarily enjoin Novant Health, Inc.’s (“Novant”) acquisition of two hospitals from Community Health Systems, Inc. (“CHS”). The FTC filed suit in federal court and in its in-house administrative court in January, alleging that the transaction violated Section 7 of the Clayton Act in the market for inpatient general acute care services sold to commercial health plans and their members.[1] Specifically, the FTC alleged that Novant’s acquisition of Lake Norman Regional Medical Center (“Lake Norman Regional”) and Davis Regional Medical Center (“Davis”) would “threaten to substantially lessen competition for critical healthcare services in the ‘Eastern Lake Norman Area’ which primarily includes Iredell County and northern Mecklenburg County.”[2] The court found that...
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