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antitrust

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Journal Article
J Health Polit Policy Law (1979) 4 (1): 48–86.
Published: 01 February 1979
...Clark C. Havighurst; Philip C. Kissam Relative value studies are lists of “relative values” of different professional services. Antitrust enforcement agencies recently have filed several complaints against the promulgation of relative value studies by professional organizations of physicians...
Journal Article
J Health Polit Policy Law (1980) 4 (4): 675–690.
Published: 01 August 1980
...Andrew K. Dolan This article surveys recent developments in federal antitrust law regarding the health professions and the delivery of medical care. In the last four years there has been a steady erosion of the affirmative defenses traditionally available to health care providers, both...
Journal Article
J Health Polit Policy Law (1982) 7 (1): 128–162.
Published: 01 February 1982
...Rickard F. Pfizenmayer This article examines the role of collective physician participation in the third-party reimbursement system. It critiques the Havighurst-Kissam analysis of the antitrust implications of professionally-developed relative value guides and using lessons derived from the only...
Journal Article
J Health Polit Policy Law (1983) 8 (2): 314–319.
Published: 01 April 1983
...A. Everette James, Jr.; Frank Sloan; James Blumstein; Alan C. Winfield; Henry P. Pendergrass Recent cases such as National Gerimedical Hospital and Gerontology Center v. Blue Cross of Kansas City have found that certificate-of-need (CON) legislation did not intend to remove antitrust considerations...
Journal Article
J Health Polit Policy Law (1978) 3 (3): 328–344.
Published: 01 June 1978
...David F. Drake; David M. Kozak 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...
Journal Article
J Health Polit Policy Law (2015) 40 (4): 711–744.
Published: 01 August 2015
... for what antitrust's role in addressing pricing power should be, especially because in the wake of two periods of merger “manias” and “frenzies” many markets already lack effective competition. It is particularly challenging for antitrust to address extant monopolies lawfully attained. New payment...
Journal Article
J Health Polit Policy Law (2015) 40 (4): 847–874.
Published: 01 August 2015
...Robert F. Leibenluft Abstract Antitrust enforcement has a crucial role to play in consolidated health care markets as providers undertake mergers, acquisitions, and other types of collaborations to integrate care and achieve greater size and scale. But antitrust enforcers and policy makers need...
Journal Article
J Health Polit Policy Law (2015) 40 (4): 875–886.
Published: 01 August 2015
...Deborah L. Feinstein; Patrick Kuhlmann; Peter J. Mucchetti Abstract The antitrust laws stand to protect consumers of health care services from conduct that would raise prices, lower quality, and decrease innovation by lessening competition. Importantly, though, vigorous antitrust enforcement does...
Journal Article
J Health Polit Policy Law (2015) 40 (4): 887–896.
Published: 01 August 2015
... the prices they charge to commercial insurers. It is thus a key question for antitrust enforcers to figure out how to separate the sheep from the goats. This article, representing our personal views as state antitrust enforcers in the California attorney general's office, offers our reflection on a number...
Journal Article
J Health Polit Policy Law (2015) 40 (4): 897–903.
Published: 01 August 2015
...Thomas L. Greaney Copyright © 2015 by Duke University Press 2015 Antitrust law has been characterized as godfather to competition in health care, as landmark cases removed professional restraints of trade and challenged anticompetitive joint ventures and networks that had inhibited market...
Journal Article
J Health Polit Policy Law (2000) 25 (6): 1051–1081.
Published: 01 December 2000
...Gary J. Young; Kamal R. Desai; Fred J. Hellinger Traditional control of nonprofit hospitals by the communities they serve has been offered as justification for restraining antitrust enforcement of mergers that involve nonprofit hospitals. The community is arguably a constraint on a nonprofit's...
Journal Article
J Health Polit Policy Law (2001) 26 (5): 939–956.
Published: 01 October 2001
...Clark C. Havighurst © 2001 by Duke University Press 2001 JHPPL 26.5 08 Havighurst 10/29/01 4:22 PM Page 939 Health Care as a (Big) Business: The Antitrust Response Clark C...
Journal Article
J Health Polit Policy Law (1988) 13 (1): 153–165.
Published: 01 February 1988
...James M. Klingensmith In considering the possible antitrust implications of a merger of two or more competing hospitals, the courts have generally found that hospitals provide a cluster of services which have significant peculiar characteristics that allow them to be considered a single product...
Journal Article
J Health Polit Policy Law (1988) 13 (4): 635–662.
Published: 01 August 1988
...William G. Kopit; Robert W. McCann Despite decades of federal and state regulatory efforts to encourage more efficient utilization of hospital resources, recent federal antitrust enforcement actions assert that nonprofit hospital mergers are detrimental to consumers. This policy, however...
Journal Article
J Health Polit Policy Law (1994) 19 (2): 423–447.
Published: 01 April 1994
...Jack Zwanziger; Glenn Melnick; Kathleen M. Eyre The definition of geographic and product markets is a critical aspect of any antitrust analysis. This paper argues for a different approach to market definition in areas where insurance plans that contract selectively are a significant market presence...
Journal Article
J Health Polit Policy Law (1989) 14 (2): 383–403.
Published: 01 April 1989
... , Peter. 1984 . A Review of the Revised Merger Guidelines. Antitrust Bulletin, Winter, pp. 613 -62. Coddington , D. C. , L. E. Palmquist, and W. V. Trollinger. 1985 . Strategies for Survival in the Hospital Industry. Harvard Business Review , May-June, pp. 131 -32. Demkovich , L. E...
Journal Article
J Health Polit Policy Law (2006) 31 (3): 497–510.
Published: 01 June 2006
...Martin Gaynor In this article, I use the Federal Trade Commission and the Department of Justice 2004 report Improving Health Care: A Dose of Competition as an occasion to comment on two specific issues that have arisen in health care antitrust: the recent string of losses by the enforcement...
Journal Article
J Health Polit Policy Law (2006) 31 (3): 511–529.
Published: 01 June 2006
... the judiciary's resolution of these cases. One such issue is the import of nonprofit status for applying antitrust law. This essay describes antitrust's role in addressing the consolidation in the hospital sector and the subtle influence that the social function of the nonprofit hospital has had in merger...
Journal Article
J Health Polit Policy Law (2002) 27 (4): 543–574.
Published: 01 August 2002
...Carl F. Ameringer Organized medicine has battled the Federal Trade Commission (FTC) since the 1970s over enforcement of the antitrust laws. Physicians' discontent stems from the belief that federal policy allows managed care organizations to achieve dominance in health care markets just...
Journal Article
J Health Polit Policy Law (1995) 20 (1): 137–169.
Published: 01 February 1995
...Gloria J. Bazzoli; David Marx, Jr.; Richard J. Arnould; Larry M. Manheim We examine the implications of the 1992 Horizontal Merger Guidelines for the hospital industry and subsequent policy statements that were developed for health care providers. Application of antitrust policy to hospitals has...