The US District Court for the Northern District of Illinois Eastern Division denies preliminary injunction on the basis that geographic market analysis was erroneous in a hospital merger case (Advocate Health / NorthShore)

GEOGRAPHIC MARKET DEFINITION TRIPS UP FTC AS FEDERAL COURT REJECTS CHALLENGE TO ADVOCATE-NOTHSHORE HOSPITAL MERGER* The loss of the Federal Trade Commission (“FTC”) in a hospital merger case in the U. S. District Court for the Northern District of Illinois last week highlights just how tricky defining a proper geographic market can be for antitrust enforcers these days. Following a six day hearing, Judge Jorge Alonso denied a request by the FTC and the State of Illinois in FTC v. Advocate Health Care to preliminarily enjoin the proposed merger between Advocate Health Care Network and Advocate Health and Hospital Corporation (“Advocate”) and NorthShore University HealthSystem (“NorthShore”). If permitted to merge, the combined entity, along with employing thousands of physicians and