MAY-11(1)

In this issue: The FTC and DOJ have created a Draft Proposal regarding how they might analyze competitive aspects of ACOs created under ObamaCare.The Draft contains features from both conventional merger and health insurance analysis. Will this change the way conventional mergers are analyzed? We’ve asked four experts to sort and clarify this new approach […]

OCT-10(1)

In this issue: Healthcare is not only a contentious antitrust issue, but a highly confusing one; we focus here on clinical integration. Christi Braun looks at the challenge of promoting cost-effective health care while controlling joint contracting; Heather Cooper gives some cautionary advice to physicians looking to join forces; Ashley Fischer & David Marx, Jr. […]

Competition Policy in Selection Markets

This article is part of a Chronicle. See more from this Chronicle Neale Mahoney, Andre Veiga, Glen Weyl, Oct 15, 2014 One of the oldest arguments against both competition and the policies promoting it is the problem of cream-skimming. In selectionmarkets, like insurance and finance, where some customers are cheaper to serve than others, competitors […]

Redefining Care and Competition Models in Health Care

This article is part of a Chronicle. See more from this Chronicle Kenneth Field, Sep 30, 2014 Believe it or not, antitrust enforcers, health system executives, and the drafters of the Affordable Care Act all have the same goals in mind. Everyone involved seeks to ensure and increase access to high-quality, low-cost care for patients. […]

Integrating to Enhance Value and Quality vs. Preserving Competition to Maintain Lower Prices

This article is part of a Chronicle. See more from this Chronicle J. Mark Waxman, Sep 30, 2014 The Affordable Care Act, the Triple Aim (targeting enhanced quality and patient satisfaction, engaging in population health, and reducing per capita costs), and the need for capital and infrastructure to change from a fee-based system of care […]

The Changing Health Care Sector: Tough New Challenges for Antitrust Enforcers

Robert Leibenluft, Jul 17, 2012 The past few years have been marked by increased consolidation among health care providers. Hospitals are merging with each other, physician groups are combining to create much larger, often single specialty practices, and hospitals are acquiring or employing an ever -growing number of physicians. Some observers have suggested that the […]

The Changing Health Care Sector: Tough New Challenges for Antitrust Enforcers

Robert Leibenluft, Jul 16, 2012 The past few years have been marked by increased consolidation among health care providers. Hospitals are merging with each other, physician groups are combining to create much larger, often single specialty practices, and hospitals are acquiring or employing an ever -growing number of physicians. Some observers have suggested that the […]

Health Care Reform, Provider Affiliations, and Antitrust Risks

Lona Fowdur, John Gale, Jul 17, 2012 The Accountable Care Act (“ACA”) has brought to the fore the concept of Accountable Care Organizations (“ACOs”). These organizations comprise networks of otherwise unaffiliated providers that can obtain approval from the Centers for Medicare & Medicaid Services (“CMS”) to become jointly responsible for the coordinated care of an assigned […]

When the Antitrust Laws May Not Allow Healthcare Providers to Pursue Merger-Specific Efficiencies And What Healthcare Providers Can Do About It

Jeffrey Brennan, Ashley Fischer, David Marx, Jul 17, 2012 As hospitals and health systems continue to prepare for value-based reimbursement and other reforms of the Patient Protection and Affordable Care Act (“ACA”), many independent hospitals are left wondering how they can seek to achieve meaningful efficiencies-improvements in quality and access, and reductions in cost-mandated by those […]

Between the ACA and Antitrust Enforcers: A Rock and a Hard Place or an Opportunity?

David Pearl, Toby Singer, Jul 17, 2012 With the Supreme Court having resolved the constitutionality of the individual mandate component of the Patient Protection and Affordable Care Act, interested parties are now turning their attention to trying to divine how the ACA, mandate and all, will work in practice, as it gets fully phased in […]