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Antitrust

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Articles 61 - 64 of 64

Full-Text Articles in Law

Quality Of Care And Market Failure Defenses In Antitrust Health Care Litigation, Thomas L. Greaney Jan 1989

Quality Of Care And Market Failure Defenses In Antitrust Health Care Litigation, Thomas L. Greaney

All Faculty Scholarship

This article considers quality-based justifications for antitrust challenges to collaboration among health care professionals. It first examines doctrinal developments resisting such justifications and, with a skeptical eye, analyzes attempts to interject quality of care and worthy motive defenses into antitrust appraisals of horizontal restraints of trade. Next the article assesses the economic basis and the risks and benefits of a market failure defense that would allow some quality-enhancing restraints of trade to escape antitrust challenge. Its principle recommendation is that courts recognize a narrow, market failure defense subject to several limiting principles to cabin its reach. The article concludes by …


The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker Jan 1988

The Antitrust Analysis Of Hospital Mergers And The Transformation Of The Hospital Industry, Jonathan Baker

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Legal Issues In Creating Ppo's, Douglas L. Elden, Richard A. Hinden Jan 1985

Legal Issues In Creating Ppo's, Douglas L. Elden, Richard A. Hinden

Journal of Law and Health

The development of alternate health care delivery and reimbursement mechanisms, particularly those known as "Preferred Provider Organizations" (PPOs), raise a multitude of legal issues. Each PPO will exist in different market conditions and under different state laws. Therefore, while this Article seeks to identify and discuss the legal issues, it cannot provide definitive answers. This Article can, however, serve as a guideline or checklist for PPO analysis and provide recommendations and alternatives for dealing with the legal roadblocks that occur in the formation and operation of PPOs. This discussion will be general in nature and cannot substitute for legal advice …


Relative Value Guides And The Sherman Antitrust Act, David R. Simonsen, Jr. Jan 1980

Relative Value Guides And The Sherman Antitrust Act, David R. Simonsen, Jr.

Vanderbilt Law Review

The skyrocketing costs of health care services for the American people constitute a crisis of national importance.' The seriousness of this crisis is reflected in the attention that antitrust enforcement agencies of the federal government are giving to the health care industry. The agencies are responding, at least in part, to the common perception that these skyrocketing costs result as much from the restrictive trade practices of the health care industry as from the growing use of sophisticated technology and inflation. Competition is viewed as an antidote to increasing prices and antitrust laws as the vehicle by which federal agencies …