The U.S. Supreme Court will hear arguments Monday in FTC v. Phoebe Putney Health System, No. 11-1160, its first case in 20 years about state-action immunity under the antitrust laws.
Antitrust practitioners and scholars are understandably eager for the court’s latest thinking on the doctrine. but it is not clear the case will change the law in any dramatic way. A clarification of the doctrine is the most likely result, and it will be welcome.
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