United States v. Mercy Health Services

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding plaintiff failed to prove a geographic market because of its failure to prove, inter alia, that enough people would leave the market to pass the critical loss test.
• rejecting, primarily because of defendant’s strong patient flow data, plaintiffs market definition based on views of MCOs and physicians
• “[T]he Elzinga-Hogarty test is ... a starting point — it states where [the merging hospitals] are currently attracting patients .... ”
• in analyzing the accuracy of market share statistics to predict postmerger anticompeti-tive effects, one of the factors that courts consider is the continuation of active price competition
• “[the E-H test] does not pretend to answer the question of what would happen if there was an attempt to exercise market power by one of the market participants.”
• government stipulated that the relevant product market was “acute care inpatient services”

Source: CourtListener parenthetical corpus (CC0).