Antitrust Law Daily Wrap Up, ANTITRUST NEWS: FTC seeks public comments on Surgery Center Holding’s application to sell surgery center in Central Florida, (Dec 10, 2014)
Organizations Mentioned:Surgery Center Holdings, Inc. | Symbion Holdings Corp. | Symbion Holdings Corporation
By Linda O’Brien, J.D., LL.M.
The FTC announced today that the agency is seeking public comments on an application by Surgery Center Holdings, known as Surgery Partners, to approve the sale of an ambulatory surgery center in Florida.
According to the FTC complaint, (In re Matter of H.I.G. Bayside Debt & LBO Fund II, L.P., File No. 141-0183), Surgery Partners agreed to acquire Symbion Holding Corporation. The merging companies both operate a large number of ambulatory surgery centers located throughout the country that sell and provide outpatient surgical services to commercial health plans and commercially insured patients. The FTC alleged that the merger, as proposed, would have combined the only two multi-specialty ambulatory surgical centers in the Orange City/Deltona area of Florida, leaving commercial health plans and commercially insured patients there with only one meaningful alternative to Surgery Partners’ outpatient surgical services.
The divestiture is required under the FTC’s proposed order settling the charges that the acquisition would be anticompetitive. Under the terms of the FTC’s October 2014 proposed order, Surgery Partners agreed to divest Symbion’s ownership interest in the Blue Springs Surgery Center in Orange City, Florida, to a Commission-approved buyer. Surgery Partners requests FTC approval to divest this ownership interest to Dr. Mark W. Hollmann, whom the divestiture application describes as well-suited to maintain the ownership interest in the Blue Springs Surgery Center as an independent and effective competitor.
In its application, Surgery Partners stated that the divestiture will ensure the continuation of Blue Springs Surgery Center as an ongoing viable enterprise and that Dr. Hollmann is well-suited to maintain the surgery center as an independent effective competitor in the provision of outpatient surgical services.
Public comments may be submitted until January 9, 2015. Written comments should be submitted to the FTC Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, DC 20580. Comments also can be submitted electronically here.
Companies: Surgery Center Holdings, Inc.; Symbion Holdings Corporation
News: Antitrust FederalTradeCommissionNews