Antitrust and Health Care
Recommended prerequisite: Antitrust Law
The antitrust laws promote competition as the best method for efficiently allocating resources and encouraging innovation. The health care sector, one of the largest and fastest growing sectors of our economy, is comprised of a number of different markets, which sometimes respond differently to market forces than do other sectors of the economy, due to the indispensability of the products involved, information gaps between consumers and sellers, a host of regulations, and the very personal nature of health care. This course will examine the antitrust concerns critical to the operation and future development of the health care system in the United States. Issues addressed will include the tension between innovation and competition in the pharmaceutical industry; hospital mergers; joint physician conduct; exclusionary agreements between hospitals and medical staff; and the role of antitrust enforcement agencies.