FTC sides with Cabell Huntington, St. Mary’s to withhold merger documents

The Federal Trade Commission publicly sided with West Virginia Attorney General Patrick Morrisey and his efforts to block the release of more than 349 documents related to the merger between Cabell Huntington (W.Va.) Hospital and Huntington and W.Va.-based St. Mary’s Medical Center, according to the Charleston Gazette-Mail.

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An FTC lawyer reportedly contacted Kanawha Circuit Court Judge Tod Kaufman stating that the documents are “protected from disclosure” under federal and state laws. The FTC stated that the agency provided Attorney General Morrisey with the documents under the condition that they remain concealed and used only for the antitrust investigation, according to the article.

Judge Kaufman ordered the attorney general’s office release all 349 documents on Oct. 4.

Huntington-based Steel of West Virginia requested the documents September 2015 as part of a Freedom of Information Act request. The company sued the attorney general’s office after Attorney General Morrisey refused to release the documents. Mr. Morrisey claimed disclosure was pertinent because his office was leading an antitrust investigation into the hospitals at the time.

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