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Articles 1 - 7 of 7
Full-Text Articles in Law
The Anti-Competitive Potential Of Cross-Market Mergers In Health Care, Jaime S. King, Erin C. Fuse Brown
The Anti-Competitive Potential Of Cross-Market Mergers In Health Care, Jaime S. King, Erin C. Fuse Brown
Saint Louis University Journal of Health Law & Policy
Health care consolidation in the United States has been widespread at all levels and across all entities. This consolidation has extended beyond horizontal mergers of hospitals or other providers to include out-of-market mergers, or cross-market mergers. Cross-market mergers include the merger or acquisition of any health care entity that does not directly compete with the acquiring entity in the same product or geographic market. Antitrust enforcers have historically had little in the way of market theory, economic models, or empirical data to inform their analyses on the potential impacts of cross-market mergers on competition. However, recent developments in economic theory …
Mergers And Monopolies: An Examination Of The Cyclical Effect Of Anti-Competition And A Lack Of Rate Regulation In Health Care, Madeline J. Bainer
Mergers And Monopolies: An Examination Of The Cyclical Effect Of Anti-Competition And A Lack Of Rate Regulation In Health Care, Madeline J. Bainer
Saint Louis University Journal of Health Law & Policy
Health care costs continue to rise, forcing consumers to make difficult choices between seeking expensive treatment and risking the consequences without. To combat the inflation of health care costs, the Affordable Care Act implemented a number of policies aimed at improving the quality of care while lowering the cost of that care. In order to accomplish the goals of the Affordable Care Act, health care systems began merging with one another and acquiring smaller groups to incorporate into a vast network of providers. However, many of these mergers offer little value to consumers. Instead, they ultimately drive up the cost …
House To House: Mergers, Annexations & The Racial Implications Of City-County Politics In St. Louis, Anders Walker
House To House: Mergers, Annexations & The Racial Implications Of City-County Politics In St. Louis, Anders Walker
Saint Louis University Public Law Review
No abstract provided.
The Maverick Theory: Creating Turbulence For Mergers, Courtney D. Lang
The Maverick Theory: Creating Turbulence For Mergers, Courtney D. Lang
Saint Louis University Law Journal
No abstract provided.
Efficiencies In Merger Analysis: Alchemy In The Age Of Empiricism?, Thomas L. Greaney
Efficiencies In Merger Analysis: Alchemy In The Age Of Empiricism?, Thomas L. Greaney
All Faculty Scholarship
One is hard-pressed to find in law an undertaking more fraught with uncertainty than the application of the efficiencies defense in merger analysis. Generalist fact finders (judges) and politically-attuned government officials (prosecutors and regulators) are charged with two Herculean tasks: (1) predicting the outcome of organic changes in business enterprises and (2) comparing the magnitude of those changes to the equally uncertain amount of harm to future competition that the transaction will cause. Given the enormous, perhaps intractable, uncertainty of this inquiry, it is therefore paradoxical that many of the strongest advocates for strengthening the role of efficiencies analysis in …
Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney
Antitrust & Hospital Mergers: Does The Nonprofit Form Affect Competitive Substance?, Thomas L. Greaney
All Faculty Scholarship
Following a string of government losses in cases challenging hospital mergers in federal court, the Federal Trade Commission and the Department of Justice issued their report on competition in health care seeking to set the record straight on a number of issues that underlie the judiciary's resolution of these cases. One such issue is the import of nonprofit status for applying antitrust law. This essay describes antitrust's role in addressing the consolidation in the hospital sector and the subtle influence that the social function of the nonprofit hospital has had in merger litigation. Noting that the political and social context …
Unilateral Effects Analysis In Assessing Anti-Competitive Mergers: The Judicially Approved New Approach To Challenging Mergers, Thomas J. Burton
Unilateral Effects Analysis In Assessing Anti-Competitive Mergers: The Judicially Approved New Approach To Challenging Mergers, Thomas J. Burton
Saint Louis University Law Journal
No abstract provided.