A General Counsel’s Guide to Avoiding the Healthcare Antitrust Minefield

In July 2004, following several months of hearings, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice jointly issued a report—entitled "Improving Health Care: A Dose of Competition" (the Report)—that addressed two basic questions. First, what is the current role of competition in health care, and how can it be enhanced to increase consumer welfare. And second, how should antitrust enforcement work to protect existing and potential competition in health care. The federal antitrust enforcement agencies acknowledged the economic significance of the health care industry, reaffirmed their long-standing view that the antitrust laws apply to all health care competitors, and advocated increased competition and less government regulation as the best way to achieve lower costs and improve quality and access for health care consumers.