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UF Law Faculty Publications

Antitrust

2004

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Full-Text Articles in Law

The Messenger Model: Don't Ask, Don't Tell?, Jeffrey L. Harrison Jan 2004

The Messenger Model: Don't Ask, Don't Tell?, Jeffrey L. Harrison

UF Law Faculty Publications

This article makes the case that the messenger model is either tacitly or inadvertently a "don't ask, don't tell" policy when it comes to competitor cooperation. In addition, this article presents an economic framework that explains how such a policy may benefit health care consumers. Finally, it is suggested that the "don't ask, don't tell" policy has created an area of per se legality that precludes an examination designed to distinguish consumer-benefiting practices from those that provide no benefit.