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By a vote of 5-0, the Federal Trade Commission has issued an order dismissing its complaint in Laboratory Corporation of America’s acquisition of Westcliff Medical Laboratories, Inc., and closing the Commission’s investigation of the matter. A statement by Commissioners Jon Leibowitz, William Kovacic, and Edith Ramirez concluded, “While we continue to have reason to believe that LabCorp’s acquisition of Westcliff will result in anticompetitive effects, we are convinced that further adjudication of this case will not serve the public interest.”

A separate concurring statement by Commissioner Julie Brill stated, “I concur in the Commission’s decision to dismiss administrative proceedings against LabCorp. In my view, the Commission should have continued with its appeal of the district court’s decision denying a preliminary injunction in related federal courtlitigation. With the appeal now withdrawn, however, I reluctantly agree that given the particular facts and circumstances of this matter, the costs of continuing with administrative litigation outweigh the potential benefits of doing so.”

Docket Number 9345 is available from the FTC’s website and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

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(Labcorp)