United States Supreme Court

Georgia's law that creates special-purpose public entities called hospital authorities and gives those entities general corporate powers, including the power to acquire hospitals, has not clearly articulated and affirmatively expressed a state policy allowing hospital authorities to make acquisitions that substantially lessen competition, and as a result: 1) the clear-articulation test is not satisfied; 2) state action immunity does not apply; and 3) defendant is not exempt from scrutiny under the federal antitrust laws.

Appellate Information

• Decided 02/19/2013
• Published 02/19/2013

Judges

• SOTOMAYOR

Court

• United States Supreme Court

Counsel