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Measuring Delay Discounting in Humans Using an Adjusting Amount Task
Published on: January 9, 2016
All together now? Evolving antitrust approaches to bundled discounting
Christine L White1, Heather Good
1Office of Cleary Gottlieb Steen & Hamilton LLP, Washington, DC, USA. cwhite@crowell.com
Journal of Health & Life Sciences Law
|June 3, 2009
Summary
Bundled discounts in healthcare can benefit consumers but may harm competition. Antitrust law is evolving, with differing court standards for evaluating these package deals.
Area of Science:
- Antitrust Law
- Healthcare Economics
Background:
- Bundled discounts, or package deals, are common in the US healthcare industry, involving payors and providers.
- While beneficial for consumers, these arrangements can raise antitrust concerns when used by dominant firms to exclude competitors.
Purpose of the Study:
- To explain the economic basis for antitrust scrutiny of bundled discounts.
- To survey current and proposed legal standards for evaluating bundled discounts in healthcare.
- To discuss practical implications for healthcare entities considering bundled arrangements.
Main Methods:
- Economic rationale analysis of bundled discounts.
- Survey of federal circuit court standards for antitrust evaluation.
- Review of proposed antitrust standards.
Main Results:
- Divergent and unclear legal standards exist for evaluating bundled discounts.
- Antitrust law regarding bundled discounts is in flux, awaiting potential Supreme Court review.
Conclusions:
- Healthcare entities must carefully assess antitrust risks before implementing bundled discounts.
- A checklist is provided for preliminary evaluation of bundled discount arrangements' antitrust implications.
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