Hospital Corporation of America

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IN THE MATTER OF HOSPITAL CORPORATION OF AMERICA MODIFYING ORDER IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION AND CLAYTON ACTS Docket C-3167. Consent Order, Sept. 30, 1985-Modifying Order, Dec. , 1985 The Federal Trade Commission has approved Hospital Corp. of America s proposed divestiture of a hospital in Midland, Texas, to ClayDesta Corp. The Commission also modified the 1985 consent order requiring the divestiture, so that HCA may retain the land that is the location for a planned hospital in Midland. 006 F. 298) ORDER MODIFYING CEASE AND DESIST ORDER ISSUED ON SEPTEMBER 30, 1985 By a petition fied on November 12, 1985, Hospital Corporation of America ("HCA") requests that the Commission reopen the proceeding in Docket No. G-3167 and modify the order issued by the Commission on September 30 1985 (106 F. C. 298), to remove a parcel ofland held by Doctors' Hospital of the Permian Basin, Inc. ("Doctors' Hospital") from the assets to be divested pursuant to Paragraph II of the order. Pursuant to Section 2.51 of the Commission s Rules of Practice , 16 C. R. 2.51 (1985), HCA' s petition was placed on the public record for comments. No comments were received.

After reviewing HCA's petition and HCA's September 26, 1985 application for approval of the divestiture of its Parkview Hospital and the planned Doctors' Hospital, the Commission has concluded that the public interest warrants reopening and modification of the order. In the context ofHCA's September 26 1985, divestiture propos- , elimination of the requirement that HCA divest the parcel ofland owned by Doctors' Hospital would faciltate the proposed divestiture which, in turn, wil help achieve the remedial purposes of the order. HCA proposes to divest Doctors' Hospital to ClayDesta Corporation an acquirer who intends to locate Doctors' Hospital on a site of its own choosing within the relevant geographic market. Therefore, Clay Desta does not desire to acquire the Doctors' Hospital land. Consequently, divestiture of the parcel of land currently owned by Doctors Hospital is not essential to achieving the remedial goals of the order. Eliminating the requirement that HCA divest the Doctors' Hospital parcel of land, in the context of the proposed divestiture, does not appear to have any adverse competitive significance. Accordingly, Modifying Order 106 F. It is ordered That this matter be, and it hereby is, reopened and that Schedule A: Stock and Assets to be Divested Paragraph A 2., of the order in Docket No. G-3167, be modified to read as follows: 2. Doctors' Hospital of the Permian Basin, in Midland, Texas (a planned new facility which, if and when it is completed, will replace Parkview Hospital). Provided, however, that HCA need not divest the parcel of land owned by Doctors' Hospital if the acquirer of Doctors Hospital possesses another site within the Midland/Odessa area, intends to locate the hospital at that other site and, therefore, chooses not to acquire the Doctors' Hospital land. ....... .., ...... ... ........ .. ( 611 Set Aside Order