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Business Articles Awards > General Antitrust

A Foreseeable Result?: The Unintended Consequences of the FTC’s State Action Enforcement Agenda

Peter J. Levitas and Mathew Tabas, Bloomberg BNA, April 2016

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Since the Supreme Court created the ‘‘State Action’’ doctrine in Parker v. Brown, courts and antitrust enforcers have sought to clarify the bounds of this immunity. In particular, the U.S. Federal Trade Commission (‘‘FTC’’) has expended considerable resources in the effort to more clearly define the limits of the doctrine. These efforts include a policy report in 20032 and, more recently, two antitrust enforcement actions that reached the Supreme Court, including a litigation to challenge the combination of Phoebe Putney Health System with a competing hospital in Albany, Georgia.

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