Antitrust
Health Care Handbook, 3rd Edition
American Bar Association
Softcover, 6" x
9"
ISBN 1590313712
American Bar Association
January 2005 (click button below for the very best currently available price
for this important resource)
A valuable resource for healthcare professionals, physician
executives, practice managers, hospital CEOs, antitrust
practitioners, health care lawyers, and health administrators, this
book serves as a guide to the application of federal antitrust laws
to issues that arise in health care.
Antitrust Health Care
Handbook, Third Edition is the most complete and up-to-date
single-volume reference on health care antitrust law.
Following an overview of important antitrust principles, the Handbook
addresses issues of particular significance to the health care
arena:
staff-privilege determinations -- peer-review decisions and
exclusive contracts
pricing conduct -- horizontal, vertical, and unilateral
non-price joint activities among competitors
vertical integration and exclusionary conduct.
Also addressed is how to prevent and minimize antitrust problems,
with a discussion of antitrust compliance programs, managing
business records, and responding to an agency investigation. This in-depth book:
discusses all of the most current issues in health care
antitrust, plus some likely to arise in the future
cross-references other ABA Antitrust Section publications for
a more detailed discussion of a particular issue
contains extensive citations to unpublished government
materials.
This is a "must have" resource for anyone dealing with
antitrust issues within the context of health care.
Since publication of the second edition 10 years ago, the federal
antitrust enforcement agencies have issued statements of their
enforcement policy in health care, the most recent of which were
issued in 1996, and the statements continue to be very influential.
The agencies also have published myriad business review and staff
advisory opinion letters and have filed numerous civil actions in
the health care field. Private litigation in health care continues
to account for a substantial amount of all antitrust litigation. In
the last 10 years, the courts, including the Supreme Court, have
issued important decisions that have substantially reshaped large
areas of health care antitrust law.
The appendix includes a list of web sites with current
information on court decisions, government enforcement, and
legislation on the application of antitrust to health care.
This book fully covers these topics:
Application of the
Antitrust Laws to Health Care
Purpose of the Antitrust
Laws
Competition in Health
Care
Principal Federal
Antitrust Statutes
Antitrust Enforcement
and Penalties
State Antitrust Statutes
Government Enforcement
in Health Care
Basic Antitrust Concepts
and Principles
Interstate Commerce
Relevant Market
Market Power
Agreements Unreasonably
Restraining Competition
Concerted Action or
Agreement
Proving an Unreasonable
Restraint on Competition
The Rule of Reason
Per Se Rule
"Quick Look"
Rule of Reason
The Role of Intent
Monopolization and Other
Section 2 Claims
Monopolization
Attempted Monopolization
Conspiracy to Monopolize
"Monopsonization"
Price Discrimination
Potentially Problematic
Agreements
Horizontal Price-Fixing
Agreements
Horizontal Agreements to
Exchange Pricing Information
Horizontal
Market-Allocation Agreements
Bid-Rigging Agreements
Group Boycotts or
Concerted Refusals to Deal
Horizontal Mergers
Vertical Mergers
Vertical Price-Fixing
Agreements
Tying Agreements
Exclusive Dealing
Agreements
Antitrust Exemptions,
Immunities and Coverage
Nonprofit Entities and
Non-Commercial Conduct
State-Action Immunity
Soliciting Governmental
Action
Business of Insurance
Labor Unions
Local Government
Antitrust Act
Health Care Quality
Improvement Act
Nonprofit Institutions
Act
Antitrust Standing and
Injury; Statute of Limitations
Staff-Privilege
Determinations: Peer-Review Decisions and Exclusive
Contracts
Staff-Privilege
Restrictions Based on Peer-Review Actions
Exclusive Contracts
Between Hospitals and Hospital-Based Physicians
Pricing Conduct:
Horizontal, Vertical, and Unilateral
Horizontal Price-Fixing
Agreements Among Providers
Provider-Controlled
Contracting Networks
Competitor Exchanges of
Pricing Information and Price Surveys
Unilateral Pricing
Conduct by Firms with Market Power
Monopoly and Monopsony
Pricing
Predatory Pricing
Price Discrimination
Selective Discounting
and Bundled Pricing
Most-Favored-Nation
Provisions
Peer Review of Fees
Hospital Control of
Hospital-Based Physician Pricing
Payer Control of
Participating Provider Prices
Non-Price Joint
Activities Among Competitors
Mergers
Joint Ventures
Agreements Allocating
Services
Joint Purchasing
Professional
Associations
Vertical Integration and
Exclusionary Conduct
Selective and Exclusive
Managed-Care Contracting
"All-Products"
Provisions
Provider Diversification
Through Vertical Integration
Opposition to
Certificate-of-Need Applications
Hospital Efforts to
Impede Medical-Staff Competition
Hospital and Hospital
System Full-Line Forcing
Pharmaceutical Industry
Collusive and Exclusionary Conduct
Preventing and
Minimizing Antitrust Problems
Antitrust Compliance
Programs
Goals of a Compliance
Program
Essential Features of a
Compliance Program
Managing Business
Records
Responding to an Agency
Investigation
Early Stages of an
Investigation
Responding to an Agency
Civil Investigative Demand or Subpoena
