Editor(s)

Daniel Francis & Christopher Jon Sprigman

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Description

This chapter is an opportunity for students to apply the concepts addressed elsewhere in the book, but at a deeper level and in the context of a sector that accounts for a very large share of antitrust activity on the part of government enforcers and private plaintiffs. The topics chosen illustrate some of the nuances in applying antitrust law in the real world and show how the application of antitrust principles has evolved over time. The chapter also raises important policy questions regarding how to apply antitrust to a sector that is rife with market failures, including what tools and approaches (including regulation) could be used to make such markets work better.

Our particular focus here is on those parts of the health care sector involving health care providers, which primarily include physicians and hospitals, and how they have organized and conducted themselves, including in particular in negotiating contracts with health care payers, which primarily include commercial health plans, for the services furnished by the providers to members of the health plans.

Title of Book

Antitrust Principles, Cases, and Materials 3d Edition

Publication Date

2025

Document Type

Book Chapter

Disciplines

Antitrust and Trade Regulation | Health Law and Policy

Antitrust in the Health Care Sector


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