...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...

...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...

...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...

... Legislation: Implied Antitrust Immunity in the Health Care Field. Antitrust Bulletin 29 : 225 -252. Carstenson, P. C. 2000 . The Per Se Legality of Some Naked Restraints: A (Re)conceptualization of the Antitrust Analysis of Cartelistic Organizations. Antitrust Bulletin 45 : 349 -435. Federal...

...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...

...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...

...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...

...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...

...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...

... , 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...

...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...

... 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...

...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...

...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...

... 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...

...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...

...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...

...Jack Zwanziger Copyright © 1995 by Duke University Press 1995 Com menta r y The Need for an Antitrust Policy for a Health Care Industry in Transition Jack Zwanziger...

...Gregory Vistnes References Bazzoli , G. , D. Marx, R. Arnould, and L. Manheim. 1995 . Federal Antitrust Merger Enforcement Standards: A Good Fit for the Hospital Industry? Journal of Health Politics, Policy and Law 20 : 000 -000. Berki , S. , and M. Ashcroft. 1980 . HMO...

...Erwin A. Blackstone; Joseph P. Fuhr, Jr. This article examines the antitrust issues in rural hospital mergers by focusing on an important antitrust case involving the merger of two small hospitals in Ukiah, California. A key issue in this matter was whether the geographic market served...