Freeman Hospital

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF FREEMAN HOSPITAL, ET AL.

Docket 9273. Interlocutory Order, Nov. 30, 1995 ORDER DISMISSING COMPLAINT On November 6, 1995, the respondents moved that this matter be withdrawn from adjudication. Complaint counsel did not oppose the motion. On November 8, 1995, the matter was withdrawn from adjudication pursuant to Section 3.26(c) of the Commission's Rules, 16 CFR 3.26(c), for the purpose of considering whether the public interest warrants further litigation.

The "Statement of Federal Trade Commission Policy Regarding Administrative Merger Litigation Following the Denial of a Preliminary Injunction,” issued June 21, 1995, provides that on a case-by-case basis, the Commission will evaluate whether to pursue administrative litigation after denial of a preliminary injunction. The statement indicates that the Commission will consider the following factors in deciding whether to continue administrative litigation: (i) The factual findings and legal conclusions of the district court or any appellate court, (ii) any new evidence developed during the course of the preliminary injunction proceeding, (iii) whether the transaction raises important issues of fact, law, or merger policy that need resolution in administrative litigation, (iv) an overall assessment of the costs and benefits of further proceeding, and (v) any other matter that bears on whether it would be in the public interest to proceed with the merger challenged.

After consideration of these factors, the Commission concludes that further litigation is not in the public interest. It is therefore ordered, That the complaint be, and it hereby is, dismissed.

Modifying Order 120 F.T.C.