The Ninth Circuit has upheld a district court decision refusing the FTC’s request that the court stay, pending FTC administrative proceedings, the merger of Laboratory Corp. of America and Westcliff Medical Laboratories. The FTC alleged that the merger would enable two labs to control 89% of the capitated billing market. The court agreed with a dissenting FTC commission that the market was too narrow because labs providing analysis on a fee for services basis could easily provide capitated bill. The court also expressed the view that Westcliff might not surviv