Dive Brief:
- The Ninth Circuit Court of Appeals has denied Idaho-based St. Luke's Health System's request for a rehearing of its antitrust case before a full panel of judges
- In February, the court upheld the ruling that St. Luke's had violated antitrust laws in its purchase of Saltzer Medical Group, the state's largest physician practice. St. Luke's subsequently requested the rehearing.
- As no member of the full court has expressed a desire to vote on a potential rehearing, it seems likely that this is the final word on the case.
Dive Insight:
Judge Andrew D. Hurwitz wrote in his February opinion that while the merger might result in improved patient outcomes, that was not sufficient to justify approval of the acquisition. "At most, the district court concluded that St. Luke's might provide better service to patients after the merger," Hurwitz wrote. "That is a laudable goal, but the Clayton Act does not excuse mergers that lessen competition or create monopolies simply because the merged entity can improve its operations."