June 15, 2016

Drinker Biddle’s Health Care Team Wins Closely Watched Antitrust Case Against FTC

Drinker Biddle’s Health Care Competition Team secured denial of a Federal Trade Commission (FTC) request for a preliminary injunction to block the merger of Advocate Health Care Network and NorthShore University HealthSystem.

Partners Rob McCann, Ken Vorrasi and Dan Delaney led the team representing Advocate Health Care Network in both the FTC investigation and the case, which is the largest merger the FTC has challenged to date and has been closely followed by the health care industry. Hogan Lovells was co-counsel during the trial phase.

The favorable ruling clears the way for the creation of the largest integrated health system in the state of Illinois and the 11th-largest nonprofit system in the country. In his ruling, which followed an eight-day hearing, U.S. District Judge Alonso stated, “… the Court finds that plaintiffs have not met their burden of showing that there is a likelihood that they will succeed on the merits of their antitrust claims.”

“The outcome of this case was the product of much hard work by the legal team, and indeed by the executives and staff of Advocate and NorthShore,” said Rob McCann. “We think Judge Alonso got it exactly right.”

The sealed opinion can be found here.

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