기사
Why Don't Courts Treat Hospitals Like Tanks for Liquefied Gases? Some Reflections on Health Care Antitrust Enforcement /
- 개인저자
- Gaynor, Martin
- 수록페이지
- 497-510 p.
- 발행일자
- 2006.06.20
- 출판사
- Duke University Press
초록
[영문]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 agencies in hospital merger cases and an antitrust exemption for physicians to bargain collectively with health insurers. One of the more salient facts about health care antitrust enforcement is the notable recent lack of success of the enforcement agencies in hospital merger cases. This may be due to judges and juries holding views of hospital markets as being different from markets for other goods and services. My conclusion is that hospitals are an industry with unique attributes, but nothing about the specifics of the health care industry suggests that the unregulated use of market power in this industry is socially beneficial. As a consequence, the antitrust laws should be enforced here as in any other industry. Countervailing power is an issue that has come to the fore in health care antitrust. Physicians have explicitly asked for legislative exemption from the antitrust laws in order to bargain collectively with insurance companies, as a means of counteracting insurers' monopsony power. It is not clear that health insurers possess significant monopsony power. Even if they do, bestowing monopoly power on physicians will not necessarily improve matters. Active antitrust enforcement in insurance markets is the correct response, not blanket exemptions for providers.
- 권/호
- v.31 no.3 2006 Jun.
- 발행일
- 2006.06.20
- 구독상태
기사명 | 저자 | 페이지 | 내용보기 |
---|---|---|---|
Is a Dose of Competition Just What the Doctor Ordered? / | Hyman, David A., Jacobson, Peter | 423-436 | |
Competition and Quality as Dynamic Processes in the Balkans of American Health Care / | Hammer, Peter J. | 473-496 | |
Why Don't Courts Treat Hospitals Like Tanks for Liquefied Gases? Some Reflections on Health Care Antitrust Enforcement / | Gaynor, Martin | 497-510 | |
Antitrust and Hospital Mergers: Does the Nonprofit Form Affect Competitive Substance? / | Greaney, Thomas L. | 511-530 | |
Horses or Unicorns: Can Paying for Performance Make Quality Competition Routine? / | Sage, William M. ;, Kalyan, Dev N. | 531-556 |
- Is a Dose of Competition Just What the Doctor Ordered? /
- Competition and Quality as Dynamic Processes in the Balkans of American Health Care /
- Why Don't Courts Treat Hospitals Like Tanks for Liquefied Gases? Some Reflections on Health Care Antitrust Enforcement /
- Antitrust and Hospital Mergers: Does the Nonprofit Form Affect Competitive Substance? /
- Horses or Unicorns: Can Paying for Performance Make Quality Competition Routine? /
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