United States Ninth Circuit

Judgment in favor of plaintiffs, holding that the 2012 merger of two healthcare providers in Nampa, Idaho violated section 7 of the Clayton Act (which bars mergers whose effect may be substantially to lessen competition or to create a monopoly), is affirmed, where: 1) the district court did not clearly err in finding that the plaintiffs established a prima facie case that the merger will probably lead to anticompetitive effects in Nampa, Idaho, the relevant geographic market; 2) defendant did not rebut the plaintiffs' prima facie case as they did not show that the efficiencies resulting form the merger would have a positive effect on competition; and 3) the district court did not abuse its discretion in choosing a divestiture remedy.

Appellate Information

• Decided 02/10/2015
• Published 02/10/2015

Judges

• Hurwitz

Court

• United States Ninth Circuit

Counsel