Volume 83, Issue 2
Cross-market mergers of multi-county health systems have increased healthcare costs. Antitrust law can and should be used to block these mergers, including retrospectively.
Antitrust agencies have increasingly used diversion and pricing pressure analyses to help determine which mergers to investigate and which to challenge.
Recent economic research suggests that mergers between health care providers in different geographic markets may lead to higher prices. Can antitrust law address these cross-market provider mergers a…
The consumer welfare standard, properly applied, could achieve most of the results advocated by its populist critics and should not be jettisoned for less rigorous alternatives.
A close look at cases where courts found that plaintiffs produced (or pleaded) direct evidence of a Section 1 agreement helps clarify what courts mean by a Section 1 agreement and how they expect pla…
Confusion still surrounds the proper definition of relevant markets in antitrust. This article identifies and debunks certain fallacies in the way that courts and advocates approach this exercise.
This article challenges both the majority and minority opinions in the landmark Supreme Court Ohio v. American Express decision and proposes a novel, multi-layered framework for relevant market defin…