The US District Court for the Central District of California denies the FTC’s request for a preliminary injunction in a medical laboratory merger case (LabCorp / Westcliff)

In a decision broadly critical of the Federal Trade Commission’s case challenging the acquisition of Westcliff Medical Laboratories, Inc., a medical laboratory company, by Laboratory Corporation of America (LabCorp), Judge Andrew Guilford of the U.S. District Court for the Central District of California denied the FTC’s motion for a preliminary injunction under Section 13(b) of the FTC Act. The ruling lifts a hold separate order and allows LabCorp to proceed with the integration of clinical laboratory testing assets acquired from Westcliff in 2010. The FTC noticed an appeal of the decision to the Ninth Circuit and also filed under seal an emergency motion seeking an injunction pending appeal. The district court highlights the indispensable and threshold role market definition plays in

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
  • Kirkland & Ellis (New York)
  • Skadden, Arps, Slate, Meagher & Flom (New York)

Quotation

Clifford H. Aronson, Alec Y. Chang, Ian G. John, Neal R. Stoll, The US District Court for the Central District of California denies the FTC’s request for a preliminary injunction in a medical laboratory merger case (LabCorp / Westcliff), 22 February 2011, e-Competitions Bulletin February 2011, Art. N° 46341

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