June 18 (Reuters) - Healthcare company Novant Health
said on Tuesday that it is abandoning a $320 million deal to
acquire two North Carolina hospitals from Community Health
Systems ( CYH ), after a U.S. appeals court temporarily blocked
the transaction.
Siding with the U.S. Federal Trade Commission, the Richmond,
Virginia-based 4th U.S. Circuit Court of Appeals ruled 2-1 on
Tuesday to suspend the deal while the FTC challenged a lower
court's decision that let the acquisition move forward.
Winston-Salem, North Carolina-based Novant said soon
afterward that it was scrapping its plan to purchase the two
Charlotte-area hospitals.
"We are steadfast in our belief that these facilities and
their patients would have greatly benefited from joining Novant
Health, but with the FTC's continued roadblocks we do not see a
way to finalize this transaction," the company said in a
statement.
The FTC and lawyers and spokespeople for Franklin,
Tennessee-based Community Health Systems ( CYH ) did not immediately
respond to requests for comment.
The FTC sued to block the transaction in January after
filing an administrative action challenging the deal, claiming
it would lead to higher prices and reduced innovative care.
Siding with the hospital companies, U.S. District Judge
Kenneth Bell in Charlotte said in a June 5 decision that the
public interest was not "best served" by stopping Novant's
proposed transaction.
The merger "carries at least as much likelihood of
competitive benefits as it does competitive harm," the judge
wrote.
The FTC appealed Bell's order to the 4th Circuit and asked
the court to halt the transaction in the meantime.
FTC Chair Lina Khan has said the healthcare markets are a
priority in the Biden administration's antitrust enforcement
agenda.
A hearing in the agency's administrative case against
the hospital deal was set for July 26.
The case is Federal Trade Commission v. Novant Health Inc
and Community Health Systems Inc ( CYH ), 4th U.S. Circuit Court of
Appeals, No. 24-1526.
For FTC: Benjamin Aiken of FTC
For Novant: Heidi Hubbard and Sarah Harris of Williams &
Connolly
For Community Health Systems ( CYH ): Michael Perry and Jamie France
of Gibson, Dunn & Crutcher
Read more:
FTC loses bid to block $320 million hospital merger in North
Carolina