Hackensack Meridian Health, Inc.
Volume 173 · 173 F.T.C. 1004
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Hackensack Meridian Health, Inc., 173 F.T.C. 1004 (2022). Consumer Law Library, https://consumerlawlibrary.org/decisions/v173-0034
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IN THE MATTER OF HACKENSACK MERIDIAN HEALTH, INC., AND ENGLEWOOD HEALTHCARE FOUNDATION Docket No. 9399. Order, May 24, 2022 Order granting Complaint Counsel’s motion to withdraw the matter from adjudication to allow the Commission to determine whether further relief is warranted.
ORDER WITHDRAWING PROCEEDING FROM ADJUDICATION On August 4, 2021, the United States District Court for the District of New Jersey granted the Federal Trade Commission’s motion for a preliminary injunction against the proposed merger between Respondents Hackensack Meridian Health, Inc. and Englewood Healthcare Foundation until completion of this administrative proceeding. FTC v. Hackensack Meridian Health, Inc., No. 20-18140, 2021 WL 4145062 (D.N.J. Aug. 4, 2021). The Third Circuit Court of Appeals affirmed the district court’s injunction on March 22, 2022. FTC v. Hackensack Meridian Health, Inc., No. 21-2603, 2022 WL 840463 (3d Cir. Mar. 22, 2022). On March 31, 2022, Respondents notified Complaint Counsel that they were abandoning their transaction. Respondents mutually terminated their merger agreement and withdrew their Hart- Scott-Rodino Notification and Report Forms on April 5, 2022.
Complaint Counsel have moved the Commission to withdraw the matter from adjudication to allow the Commission to determine whether further relief is warranted. Respondents, on the other hand, seek dismissal of the Complaint on the bases that the administrative action is now moot, that further proceedings would be unnecessary and wasteful, and that there is no need for any additional relief. Because Respondents support immediate dismissal, they oppose withdrawing the case from adjudication. The question of whether further relief may be warranted, however, may bear on the issues presented. Therefore, we find that it is in the public interest to withdraw the matter from adjudication and stay all proceedings in this matter for 60 days while the Commission considers the potential need for additional relief. Accordingly, IT IS HEREBY ORDERED that this matter is withdrawn from adjudication until July 15, 2022, and that during the period the matter is withdrawn from adjudication all proceedings in this matter before the Chief Administrative Law Judge are stayed and all pending deadlines in this matter are tolled.
By the Commission.
HOMEADVISOR, INC. 1005 Interlocutory Orders, Etc.