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Antitrust exemption: are health providers crying wolf?

A A Barnett

    The Journal of American Health Policy
    |April 8, 1993
    PubMed
    Summary

    Healthcare providers are seeking exemptions from antitrust laws due to managed competition. Despite industry calls for revised regulations, the Federal Trade Commission maintains its current antitrust measures, impacting the evolving health industry.

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    Area of Science:

    • Health Law
    • Antitrust Policy
    • Healthcare Economics

    Background:

    • Healthcare providers are increasingly demanding relief from federal antitrust laws.
    • The anticipated impact of managed competition on business practices is a key driver for these demands.
    • Professional organizations like the American Medical Association and the Pharmaceutical Manufacturers Association have voiced concerns and proposed conditions related to antitrust regulations.

    Purpose of the Study:

    • To examine the growing demands from health providers for antitrust law exemptions.
    • To analyze the potential effects of managed competition on the healthcare industry's business models.
    • To assess the Federal Trade Commission's stance on revising antitrust measures in light of industry changes.

    Main Methods:

    • Analysis of statements and conditions set by major healthcare industry associations.
    • Review of the Federal Trade Commission's current antitrust enforcement policies.
    • Examination of the discourse surrounding managed competition and its legal implications for healthcare providers.

    Main Results:

    • Significant pressure from health providers for antitrust law relief is evident.
    • Industry groups, including physician and drug manufacturer associations, have linked their support for managed competition to antitrust considerations.
    • The Federal Trade Commission has not indicated any changes to its antitrust enforcement approach despite industry shifts.

    Conclusions:

    • The healthcare industry is experiencing substantial pressure to reform antitrust regulations.
    • Managed competition presents challenges to existing antitrust frameworks, prompting calls for exemptions.
    • The Federal Trade Commission's adherence to current antitrust measures may create friction with industry demands amid significant market changes.

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