FTC hospital merger challenge

Steven Tenn testified for the FTC in its challenge to the merger of Chicago-area hospital systems, Advocate Health Care Network and NorthShore University HealthSystem. Notably, the Seventh Circuit reversed a lower court ruling that would have denied the FTC’s request for a preliminary injunction, hinging on the definition of geographic markets which the FTC sees as local in the case of health care services. On remand, Judge Jorge Alonso of the US District Court for the Northern District of Illinois granted the preliminary injunction, extensively citing Dr. Tenn’s testimony in the 37-page opinion and the parties abandoned the merger. Josh Lustig also supported the FTC in its review.