Attorneys for the federal government and those backing the merger of two Louisiana hospital systems have both asked a U.S. district court to end a monthslong dispute which hinges on whether the state approval process can pre-empt of federal antitrust laws.

"The State of Louisiana has determined that the acquisition serves the interest of the people of the State," wrote Simpson Thacher & Bartlett attorneys Sara Y. Razi, Abram Ellis and Joshua Hazan in a new motion for summary judgment in their fight against Federal Trade Commission enforcement of a pre-merger disclosure law. "Enjoining integration would nullify that policy choice and severely impinge on the State's COPA [Certificates of Public Advantage] program." 

The case stems from a deal made Jan. 1 when HCA Healthcare, HCA, consummated a deal to merge with Louisiana Children's Medical Center, LCMC. Louisiana legislators approved the deal last Fall despite antitrust concerns under a state Certificates of Public Advantage, or COPA, law which the system's claim precludes enforcement of federal antitrust review. In filings the merging parties noted any competitive concerns would be monitored by the state Attorney General's office, and the COPA protection could be yanked if they failed to meet expectations.