Not the FTC’s COPA tea: The Tipline for 13 April 2021

If a certificate of public advantage (COPA) is altered behind closed doors, does it make a sound? According to Prisma Health, LifePoint Health refused to go through with the sale of three of its hospitals unless South Carolina granted the deal antitrust immunity before the merger was announced. The state amended an existing COPA to exempt the deal from antitrust scrutiny without any public input, but the healthcare providers last week abandoned the tie-up after a state court found the transaction was not eligible for an antitrust waiver and the Federal Trade Commission raised competition concerns. Also in Tipline, Apple seeks sanctions against Epic Games and the FTC takes a closer look at the proposed tie-up of two farm supply retailers.

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