By their nature, the recent antitrust cases scrutinizing the two proposed health insurance mega-mergers -- Anthem with Cigna and Aetna with Humana -- focused on narrow definitions of specific markets and the likely static impact on prices. But the antitrust proceedings omitted a broader...

An agreement among competitors to refuse to deal with another party is traditionally per se illegal under the antitrust laws. But coordinated refusals to deal are often necessary to punish wrongdoers, and thus to deter undesirable behavior, that state sponsored courts cannot reach. When viewed...

Courts reviewing proposed mergers of nonprofit hospitals have been abandoning the bedrock principles of antitrust law, failing to pay heed to the most elemental hallmarks of socially beneficial competition - maximizing allocative efficiency and total surplus. This article suggests that courts'...