Reprinted with permission from Law360.

Until very recently, most litigators would envy the enforcement record of the Federal Trade Commission in hospital merger cases. But the agency’s losses in Federal Trade Commission v. Penn State Hershey Medical Center et al., No. 15-2362 (M.D. Pa. May 9, 2016), and Federal Trade Commission v. Advocate Health Care et al., No. 15-cv-11473 (N.D. Ill. June 14, 2016), if not overturned, likely will have a significant impact on the FTC’s efforts to slow the record pace of health care provider consolidation.