LAW 5329: Health Care Antitrust
Federal antitrust law – arising from statutes, a large body of case law, and Federal Agency statements, policies, and rulings – is applicable to a variety of situations in the health care field. Antitrust violations can give rise to both civil and criminal penalties by governmental agencies, as well as private rights of action by injured parties.
This course will explore fundamental antitrust concepts as established under Sections 1 and 2 of the Sherman Act, Section 7 of the Clayton Act, Department of Justice and Federal Trade Commission Policy Statements, and significant case law. Having established a grounding in basic antitrust, the course will apply those principles in health care contexts, including provider-controlled networks, large providers with market power, mergers and acquisitions, joint ventures, credentialing issues, tying arrangements, and exclusive dealing relationships. The course will also examine current health care antitrust litigation and potential antitrust implications of the Affordable Care Act. The course is designed to provide a working knowledge of applicable antitrust principles, both generally and within the health care arena.