Cost Containment, Alternative Delivery, and the Antitrust Laws - A Basic Guide for Antitrust Compliance

Doctors and hospitals: an antitrust perspective on traditional relationships.

Under new pressures for cost containment, hospitals are increasingly asserting interests that conflict with those of physicians. Professor Havighurst argues that legal rules under which practitioners have challenged denials of hospital admitting privileges should be clarified in order that hospitals can more effectively carry out their new cost-containment and other responsibilities. He invokes...

Integrated delivery systems: reforming the conflicts among federal referral, tax exemption, and antitrust laws.

Antitrust enforcement encourages health care providers to cooperate procompetitively.

A review of significant administrative and judicial rulings in antitrust law during 1993 shows that the antitrust laws should not impede innovative, cost-cutting cooperative arrangements among providers, so long as their actual or potential procompetitive benefits are not outweighed by their anticompetitive effects.

Antitrust Laws: the Nurse Wages Antitrust Litigation

Sustained viral suppression in HIV-infected patients receiving antiretroviral therapy.

The article, however, made a subtle but important mistake in characterizing the guidelines from the Department of Justice and the Federal Trade Commission published as a companion to the Medicare Shared Savings Program. The authors twice identify a “balance” between market power and integration efficiencies as the goal of the antitrust guidelines. The concept of balance misstates the vital role...