Supreme Court of the United States

Federal Trade Commission v. Phoebe Putney Health System, Inc.

February 19, 2013568 U.S. 216

Summary

The Supreme Court held that Georgia’s hospital‑authority law does not clearly articulate and affirmatively express a state policy permitting hospital authorities to acquire competing hospitals, so state‑action immunity does not apply. The Court reversed the Eleventh Circuit and remanded for further proceedings. The decision rests on a strict reading of the clear‑articulation test under Parker v. Brown.

Holding

  • Whether Georgia’s Hospital Authorities Law clearly articulates and affirmatively expresses a state policy to displace competition by allowing hospital authorities to acquire competing hospitals, thereby invoking state‑action immunity.. Georgia has not clearly articulated and affirmatively expressed a policy to allow hospital authorities to make acquisitions that substantially lessen competition; therefore, state‑action immunity does not apply.

Docket 11-1160

Cited authorities

  • 15 U.S.C. § 53(b)
  • Ga. Code Ann. §§ 31-7-75
  • CA11
  • CA10
  • CA11
  • CA10
  • Ga. Code Ann. §31-7-70
  • 38 Stat. 719

Cited by