Two premises underlie state health care antitrust law reform measures. The first presumes that the federal antitrust laws prevent efficiency-enhancing collaborations and that, by displacing the federal regime, states can encourage health care firms to generate cost savings that they in turn will...

In an effort to slow the ever-increasing costs of health care in the United States, the U.S. health policy community has highlighted price transparency as one strategy to give consumers more control over their health care choices. But to empower consumers requires more than just making price...

Antitrust enforcement in health care has undergone considerable buffeting in recent years with government agencies losing a string of important cases in federal court and support for vigorous enforcement waning among some policymakers. Critics of doctrinal development in antitrust law have begun...

The policy community, albeit belatedly, now fully recognizes the economic dangers of highly concentrated healthcare markets. The Federal Trade Commission (FTC) and states continue to closely scrutinize hospital mergers. Recent successes by the U.S. Department of Justice (DOJ) in challenging...

Americans are paying too much for health care services and insurance, in large part due to insufficiently competitive markets. Waves of consolidation have fortified providers and insurers with market power, resulting in higher prices and lower quality for consumers. As antidotes, advocates have...

In this chapter we review issues relating to antitrust and competition in health care markets. The chapter begins with a brief review of antitrust legislation. We then discuss whether and how health care is different from other industries in ways that might affect the optimality of competition....

As healthcare markets continue to consolidate and prices continue to rise, economists, legal scholars, antitrust enforcers, and policymakers have the opportunity and obligation to examine how the dynamics of our healthcare markets have changed over time and how those changes affect consumers and...

In a review of recent antitrust measures undertaken by the Biden Administration, this paper observes that antitrust theory and policy remains one decade behind in preempting and preventing the many harms from consolidation in healthcare markets. A version of of this article was delivered in...

Even though the U.S. healthcare system exhibits higher administrative costs than any other OECD nation, they have not received substantial attention from policymakers despite their enormous cost and impact on the market. We argue that competition policy could meaningfully reduce these...