By: Marc Schildkraut (Antitrust Advocate)
The Federal Trade Commission (FTC) has suffered several recent setbacks concerning its regulatory authority. The U.S. Supreme Court has ruled that the FTC lacks authority to obtain monetary redress relief for consumers in federal court, so it would have to adjudicate the conduct in an FTC administrative proceeding. However, the Court also recently ruled that respondents need not wait until the FTC completes its administrative action to appeal. Meanwhile, a new dispute has emerged, raising questions about whether hospital acquisitions with Certificate of Public Advantage (COPA) authorization are exempt from Hart-Scott-Rodino Act pre-merger notification…
