December 07, 2019

Re-Assessing Antitrust Policies and Actions Regarding Independent Physicians to Preserve Healthcare Competition: It’s Time to Revise the Rule of Reason Analysis

By Michael T. Goldstein, M.D., J.D., New York, NY


The Federal Trade Commission (FTC) and the Department of Justice (DOJ) are charged with the enforcement of the antitrust laws. According to the FTC’s website, “[c]ompetition in health care markets benefits consumers because it helps contain costs, improve quality, and encourage innovation. The Federal Trade Commission's job as a law enforcer is to stop firms from engaging in anticompetitive conduct that harms consumers.”1 FTC and/or DOJ prosecutions in anticompetitive situations are effective and upheld by district and appellate courts. They also enable the agencies to protect the public.2

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