Establishing physician networks within evolving antitrust guidelines

Rapid changes in health care are being driven by the growth of managed care. Health plans have become more aggressive in negotiating with physicians, and providers have increasingly chosen to establish networks in response. Because these provider networks frequently represent horizontal forms of integration between competitors, antitrust issues have become increasingly important. This article addresses current antitrust law as it relates to physician networks. In particular, it reviews the most recent statements of antitrust enforcement policy of the Department of Justice and the Federal Trade Commission concerning physician networks. Procompetitive activities by physician networks are central to the latest rulings.