Joint venture analysis and provider-controlled health care networks

Article Abstract:

Health care networks or joint ventures are subject to fair antitrust standards issued in 1996 by the FTC and the US Dept of Justice Antitrust Division entitled Statements of Antitrust Enforcement Policy in Health Care. The standards had been revised because of misunderstandings among industry and lay persons regarding the antitrust analysis. The new standards clearly apply traditional and historic antitrust ancillary restraint and joint venture principles which are applicable to other industries.

United States, Laws, regulations and rules, Joint ventures, Health care coalitions

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Rule of reason analysis of horizontal arrangements: agreements designed to advance innovation and commercialize technology

Article Abstract:

The rule of reason analysis for horizontal arrangements should make allowances for strategies to foster technological progress. These strategies would improve competition, efficiency, innovation and commercialization of technologies. The analysis should require rule of reason instead of per se, use a safe harbor using market power and place the ultimate burden of proof on the plaintiff to show unreasonableness.

Analysis, Horizontal integration

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