AAI Supports FTC in Supreme Court (FTC v. Phoebe Putney)

The AAI filed an amicus brief in the Supreme Court urging the Court to reverse an Eleventh Circuit ruling that dismissed, on state action grounds, an FTC challenge to a hospital merger creating a virtual monopoly in Albany Georgia. The brief asked the Court to disclaim the Eleventh Circuit’s permissive test for determining when a state adopts a “clearly articulated and affirmatively expressed policy” to displace competition, arguing that the Circuit’s test is not only inconsistent with federal antitrust policy, but with federalism principles as well.

The brief was written by AAI Director of Legal Advocacy Rick Brunell, with assistance from AAI Advisory Board Members Tim Greaney, Barak Richman, Chris Sagers, Ted Frech, and Peter Carstensen and Matt Cantor (Constantine Cannon).