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Full-Text Articles in Law
Assembled Products: The Key To More Effective Competition And Antitrust Oversight In Health Care, William M. Sage
Assembled Products: The Key To More Effective Competition And Antitrust Oversight In Health Care, William M. Sage
Faculty Scholarship
This Article argues that recent calls for antitrust enforcement to protect health insurers from hospital and physician consolidation are incomplete. The principal obstacle to effective competition in health care is not that one or the other party has too much bargaining power, but that they have been buying and selling the wrong things. Vigorous antitrust enforcement will benefit health care consumers only if it accounts for the competitive distortions caused by the sector’s long history of government regulation. Because of regulation, what pass for products in health care are typically small process steps and isolated components that can be assigned …
Competition Law For A Post-Scarcity World, Salil K. Mehra
Competition Law For A Post-Scarcity World, Salil K. Mehra
Texas A&M Law Review
Writers, economists and IP scholars have hailed signs of an incipient shift to a post-scarcity world. Driving this change are rapid decreases not only in marginal cost, but also in the fixed or first-unit costs of production. Whether these changes become economy-wide, or remain confined to a subset of industries, they have dramatic implications for competition law and policy. This Article is the first to address these implications. In particular, because of the incentive for incumbent firms to engage in what may be termed “anti-disruption” – as examples such as the Apple/e-books antitrust case and the regulatory responses to Uber …