Hospitals, mergers, and two-stage competition

Article Abstract:

The author analyzes government antitrust actions concerning hospital mergers and focuses on hospital competition and the identification of the customer from an antitrust standpoint. The author indicates that hospital competition occurs at two levels and regulatory agencies have identified contracting health plans as the customer.

United States, Analysis, Competition (Economics), Consumers

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A critical misdiagnosis: how courts underestimate the anticompetitive implications of hospital mergers

Article Abstract:

Hospital mergers are a growing trend which can do much to hurt consumers. Unfortunately, courts have generally been extremely reluctant to block mergers. This is because of a series of misunderstandings by courts of the effects on competition of hospital mergers.

Legal issues & crime, Acquisitions & mergers, Government regulation (cont), Government regulation, Legal/Government Regulation, Consumer Protection Laws, Consumer protection, Company acquisition/merger, Antitrust issue

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A new approach to the analysis of hospital mergers

Article Abstract:

The lack of success that federal antitrust enforcement agencies have had in bringing merger cases against hospitals since the 1982 Merger Guidelines were adopted suggests that a new approach is needed. Despite the fact that the guidelines establish that most hospital mergers are anticompetitive, the government has lost five of the seven suits it has brought. The government should rely less on market structure analysis and should be more willing to consider community benefits and efficiency justifications. Greater weight should also be given to proof that the institutions involved may be distressed or failing.

Economic aspects, Acquisitions and mergers, Investigations

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