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Between the ACA and Antitrust Enforcers: A Rock and a Hard...

David Pearl, Toby Singer, Jul 17, 2012 With the Supreme Court having resolved the constitutionality of the individual mandate component of the Patient Protection and...

Healthcare Reform and Antitrust Enforcement: Provider Consolidation Encouraged, Scrutinized

Melissa Davenport, Ryan McManus, Jane Willis, Jul 17, 2012 The Patient Protection and Affordable Care Act ("ACA") withstood constitutional challenge in June 2012 and will define...

Antitrust Markets and ACOs

David Argue, John Gale, May 12, 2011 The Affordable Care Act signed into law in March 2010 has promised that the concept of accountable care...

A Not So Modest Proposal? The FTC/DOJ Proposed Statement of Antitrust...

David Pearl, Toby Singer, May 12, 2011 On March 31, 2011, the Federal Trade Commission and the Antitrust Division of the Department of Justice (the...

ACOs And Antitrust Enforcement: Familiar Rules Raise New Concerns

Daniel Bachner, Mark Popofsky, Jane Willis, May 12, 2011 On March 31, 2011, the Federal Trade Commission ("FTC") and the U.S. Department of Justice ("DOJ")...

In Search of Antitrust Guidance and Safe Harbors for Accountable Care...

Gregory Pelnar, Mar 30, 2011 An Accountable Care Organization ("ACO") is "an organization of health care providers that agrees to be accountable for the quality,...

U.S. Antitrust 2025: How Have We Handled The Bulletproof Cartels?

Kent Bernard, Dec 16, 2010 There is a tendency, especially among those of us who count ourselves as antitrust lawyers or economists, to think that...

Antitrust Implications of Clinically-Integrated Managed Care Contracting Networks and Accountable Care...

Ashley Fischer, David Marx, Oct 11, 2010 The Patient Protection and Affordable Care Act ("PPACA") established various mechanisms to make healthcare providers more accountable for...

The Interplay Between Competition and Clinical Integration: Why the Antitrust Agencies...

Gregory Vistnes, Oct 11, 2010 The Affordable Care Act provides for the formation of Accountable Care Organizations ("ACOs"). These ACOs will be composed of health...

Clinical Integration: Linchpin of Real Reform

Melinda Hatton, Oct 11, 2010 During the year-long debate over health care reform, removing barriers to clinical integration received far less attention than it should...
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