Antitrust Health Care Handbook

Front Cover
American Bar Association, 2004 - Law - 192 pages
0 Reviews
The most complete and up-to-date single-volume reference on health care antitrust law.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

ANTITRUST OVERVIEW
1
B Purpose of the Antitrust Laws
3
C Competition in Health Care
4
D Principal Federal Antitrust Statutes
8
E Antitrust Enforcement and Penalties
9
F State Antitrust Statutes
12
G Government Enforcement in Health Care
13
BASIC ANTITRUST CONCEPTS AND PRINCIPLES
15
1 StaffPrivilege Restrictions Based on PeerReview Actions
70
2 Exclusive Contracts Between Hospitals and HospitalBased Physicians
75
Horizontal Vertical and Unilateral
80
b ProviderControlled Contracting Networks
81
2 Competitor Exchanges of Pricing Information and Price Surveys
91
3 Unilateral Pricing Conduct by Firms with Market Power
95
c Price Discrimination
96
d Selective Discounting and Bundled Pricing
99

B Relevant Market
16
C Market Power
21
D Agreements Unreasonably Restraining Competition
24
2 Proving an Unreasonable Restraint on Competition
28
b Per Se Rule
30
c Quick Look Rule of Reason
31
d The Role of Intent
32
E Monopolization and Other Section 2 Claims
34
2 Attempted Monopolization
37
3 Conspiracy to Monopolize
38
4 Monopsonization
39
F Price Discrimination
41
G Potentially Problematic Agreements
42
2 Horizontal Agreements to Exchange Pricing Information
44
4 BidRigging Agreements
45
6 Horizontal Mergers
46
8 Vertical PriceFixing Agreements
47
10 Exclusive Dealing Agreements
48
H Antitrust Exemptions Immunities and Coverage
49
2 StateAction Immunity
50
3 Soliciting Governmental Action
53
4 Business of Insurance
55
5 Labor Unions
56
6 Local Government Antitrust Act
58
7 Health Care Quality Improvement Act
59
8 Nonprofit Institutions Act
60
I Antitrust Standing and Injury Statute of Limitations
61
SIGNIFICANT ANTITRUST ISSUES IN HEALTH CARE
69
4 MostFavoredNation Provisions
101
5 Peer Review of Fees
103
6 Hospital Control of HospitalBased Physician Pricing
105
7 Payer Control of Participating Provider Prices
106
1 Mergers
107
2 Joint Ventures
119
3 Agreements Allocating Services
123
4 Joint Purchasing
124
5 Professional Associations
128
D Vertical Integration and Exclusionary Conduct
132
2 AllProducts Provisions
135
3 Provider Diversification Through Vertical Integration
136
4 Opposition to CertificateofNeed Applications
138
5 Hospital Efforts to Impede MedicalStaff Competition
140
6 Hospital and Hospital System FullLine Forcing
142
7 Pharmaceutical Industry Collusive and Exclusionary Conduct
144
PREVENTING AND MINIMIZING ANTITRUST PROBLEMS
147
2 Essential Features of a Compliance Program
149
B Managing Business Records
150
C Responding to an Agency Investigation
152
1 Early Stages of an Investigation
154
2 Responding to an Agency Civil Investigative Demand or Subpoena
155
3 Dealing With the Agency
156
ANTITRUST WEB SITES
159
TABLE OF CASES
161
INDEX
189
Copyright

Other editions - View all

Common terms and phrases

Bibliographic information