Brief Fact Summary. The district court found a significant likelihood that the merger of a Tenet (Defendant) hospital with another hospital would substantially lessen competition between acute-care hospitals in Poplar Bluff, Missouri.
Synopsis of Rule of Law. The existence of a well-defined relevant geographic market must be established by the government for it to show that a merged entity will possess market power within that area.
That is, the FTC has raised questions going to the merits so serious, substantial, difficult and doubtful as to make them fair ground for thorough investigation, study, deliberation and determination by the FTC in the first instance and ultimately by the Court of Appeals.View Full Point of Law
Issue. If the existence of a well-defined relevant geographic market cannot be establish by the government, can it show that a merged entity will possess market power within that area?
Held. (Beam, J.)Â No.Â Without establishing the existence of a well-defined relevant geographic market, the government cannot show that a merged entity will possess market power within that area.Â A relevant market, consisting of a product market and a geographic market, must be defined before a court finds an antitrust violation.Â In this case, the FTC (Plaintiff) proposes a relevant geographic market that matches its service area.Â However, a service area and a merging firm’s geographic market are not necessarily the same.Â Because the FTC (Plaintiff) failed to demonstrate a well-defined relevant market, it failed to show that the merged entity would possess market power.Â Patients are allowed to use hospitals outside the service area that may be closer to them or may provide higher quality services in the patients’ minds.Â Further, the lower courts should have examined potential efficiencies gained by the merger in this case to determine if this might have enhanced competition in the greater Southeast Missouri area.Â Reversed.
Discussion. The FTC (Plaintiff) has played a major role in the antitrust scrutiny the health care industry is subjected to.