August 16, 2022
  • The Federal Trade Commission (FTC) released a policy paper warning states to avoid certificates of public advantage (COPAs) legislation. The agency said it has seen a “resurgence” of the laws in recent years, including those passed by state legislatures “with the intent of exempting specific proposed hospital mergers from anticipated antitrust challenges.” The paper outlines four recent “case study” hospital mergers allowed under COPAs legislation that resulted in “substantial” price increases, reduced care quality at hospitals, and did “not prevent hospitals from exploiting market power” regardless of the protections included in those laws. (Press release here)