PMID: 11900158Mar 20, 2002Paper

Whither antitrust? The uncertain future of competition law in health care

Health Affairs
Thomas L Greaney

Abstract

Although instrumental in ushering in competition to the health care industry and later in safeguarding the competitive structure of markets, antitrust law has come under attack. A series of questionable judicial decisions has clouded the standards applicable to analyzing health care markets. Legislative efforts to immunize conduct from antitrust challenge also have gathered support in recent years. This study finds scant economic or policy basis for these developments and concludes that anti-managed care sentiments have diluted enthusiasm for applying competitive principles in health care. This phenomenon has resulted in outcome-driven judicial decisions and legislative activity geared to serving political expediency rather than sound policy tenets. The paper recommends heightened antitrust scrutiny of provider and insurer markets by federal and state enforcers and increased empirical research into the workings of imperfect health care markets and the effects of past antitrust decisions.

References

Jun 1, 1997·Journal of Medical Ethics·D S Wright
May 29, 1999·Journal of Health Economics·W J Lynk, L R Neumann
Aug 5, 2000·Health Affairs·C C Havighurst

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Citations

Feb 22, 2012·Health Economics, Policy, and Law·Marco Varkevisser, Frederik T Schut
Dec 7, 2005·JONA'S Healthcare Law, Ethics and Regulation·Steve W HensonSandra J Hartman
Jul 27, 2011·The Journal of Urology·Deepak A KapoorCarl A Olsson
Dec 20, 2008·The Journal of Law, Medicine & Ethics : a Journal of the American Society of Law, Medicine & Ethics·Eleanor D Kinney
Dec 3, 2003·Health Affairs·Alison Evans Cuellar, Paul J Gertler
Jan 31, 2019·Nature Communications·Scot M MillerStefan Schwietzke
Sep 24, 2010·International Wound Journal·Supaporn OpasanonNantaporn Namviriyachote
Dec 3, 2003·Health Affairs·Peter J Hammer, William M Sage

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