Today, Federal Trade Commission staff again urged the Indiana Department of Health to deny Union Hospital, Inc. (Union Health) and Terre Haute Regional Hospital, L.P.’s (THRH) application to merge.
FTC staff said Union Health and THRH’s second attempt to merge under a proposed certificate of public advantage, also known as a COPA, presents the same anticompetitive harms as their original application did, according to the FTC’s comment letter. Union Health and THRH’s COPA application would shield the proposed merger from antitrust scrutiny. The FTC warned that the merger poses substantial anticompetitive risks such as higher healthcare costs for patients and lower wages for hospital workers.
“This repackaged COPA application presents the same problems as before. Competition consistently results in better outcomes for patients and workers than consolidation subject to COPAs,” said Clarke Edwards, Acting Director of the FTC’s Office of Policy Planning. “The Indiana Department of Health should deny this attempt by Vigo County’s only two hospitals to eliminate competition and avoid antitrust review.”
The FTC’s latest comment letter follows a similar letter issued in September 2024 opposing the proposed COPA. Following the FTC’s opposition, Union Health and THRH withdrew their COPA application in November 2024. FTC staff applauded the withdrawal as a win for patients and healthcare workers.
Union Health and THRH submitted a second COPA application in February 2025. The resubmitted application presents little new information and the concerns the FTC raised in 2024 remain the same, the FTC’s latest comment letter states. The deal continues to pose serious harm to competition and consumers through higher healthcare costs, lower quality, reduced innovation, reduced access to care, and depressed wages for hospital employees, according to the FTC’s comment letter.
The Commission vote to submit the staff comment to the Indiana Department of Health was 4-0.
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