Antitrust laws protect competition and consumers. Antitrust
enforcement is prevalent in actions concerning manufacturing and
consumer goods, among other things. However, recent enforcement
activity by the Federal Trade Commission (FTC) and Department of
Justice's Antitrust Division (DOJ) serves as a reminder that
the services industry, particularly healthcare services, is not
immune to antitrust scrutiny as well.
Antitrust enforcement and healthcare policy were two priorities
under President Obama. So, too, was antitrust enforcement within
healthcare markets. The current administration prompted speculation
on whether it would change its emphasis in any of these respects.
We examine in this article whether the Trump Administration, now a
year and a half into its term, has shifted focus or instead has
stayed in the hunt for antitrust violations in the healthcare
industry. As discussed below, the record of healthcare antitrust
enforcement actions over the last five