Because the F.T.C. will be arguing in administrative hearings, essentially before itself, rather than before a judge in a federal district court, it has a much better chance of prevailing, according to William Kopit, a lawyer with Epstein Becker & Green in Washington.
What is more, he
said, because in many mergers the hospitals combine only in name, undoing a merger is possible."You can unscramble the eggs," Mr. Kopit
If the F.T.C.
is successful in cases brought against a few hospitals, Mr. Kopit
said, the industry as a whole will be more cautious about trying to exercise undue influence."It will make a huge difference," he