On October 31, 2016, the US Court of Appeals for the Seventh Circuit handed another important victory to the Federal Trade Commission (FTC) and the State of Illinois in a hospital merger case in Chicago, Illinois. This decision follows closely on the heels of the FTC’s victory earlier this year in FTC v. Penn State Hershey before the US Court of Appeals for the Third Circuit and, like that prior case, is a strong endorsement for the FTC’s analytical approach to hospital mergers. Overview On October 31, 2016, the US Court of Appeals for the Seventh Circuit overturned a district court decision that denied a motion by the Federal Trade Commission (FTC) and Illinois Attorney General (IL AG) to enjoin the proposed merger of Advocate Health Network (Advocate) and NorthShore University HealthSystem (NorthShore) pending conclusion of an FTC administrative trial on the merits of the proposed merger. Earlier this year, the US District Court for the Northern District of...

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