Petition of the day
The petition of the day is:
FTC v. Phoebe Putney Health System, Inc. (Granted )
Issue(s): (1) Whether the Georgia legislature, by vesting a local government entity with general corporate powers to acquire and lease out hospitals and other property, has “clearly articulated and affirmatively expressed” a “state policy to displace competition” in the market for hospital services, thus rendering federal antitrust laws inapplicable under the “state action doctrine”; and (2) whether such a state policy, even if clearly articulated, would be sufficient to validate the anticompetitive conduct in this case, given that the local government entity -- which acquired the only competitor of a private actor at the private actor’s behest -- neither actively participated in negotiating the terms of the hospital sale nor has any practical means of overseeing the hospital’s operation.
Certiorari stage documents:
Recommended Citation: Matthew Bush, Petition of the day, SCOTUSblog (May. 4, 2012, 11:43 PM), http://www.scotusblog.com/2012/05/petition-of-the-day-284/