The Third Circuit affirmed the District Court’s injunction, which prevented a merger before an administrative adjudication could occur. Englewood Healthcare Foundation and Hackensack Meridian Health, Inc. agreed to a multi-million-dollar merger. The Federal Trade Commission opposed and filed an administrative complaint alleging the merger violated Section 7 of the Clayton Act because it was likely to lessen competition substantially. The FTC sued in the District of New Jersey under Section 13(b) of the Federal Trade Commission Act, requesting a preliminary injunction pending the outcome of the administrative adjudication. The District Court granted the preliminary injunction, holding that the FTC established a reasonable probability that the merger would substantially impair competition. The Third Circuit affirmed, ruling that the FTC established a prima facie case that the merger would substantially lessen competition. And the FTC verified the patient-based market with the hypothetical monopolist test.
