This paper begins with a comparison of the effects of regulation and antitrust litigation on general market dysfunction. The authors then describe the medical marketplace and the effects both regulation and antitrust efforts have had in this arena. They conclude that public policy probably will continue to be concerned with regulation, given that traditional forces do not, and apparently cannot be made to, operate in the health care market. However, through tax benefits, cost-sharing programs, etc., for other-than-traditional modes of care, regulation can be more an instrument for expanding the range of consumer choice than it historically has been.

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