Antitrust Enforcement
[Press Release] States Increasingly Turn to Legislation to Promote Competition and Control Health Care Prices, Per New Analysis from CPR and UC Hastings
Amy Y. Gu, Managing Editor February 25, 2020
SAN FRANCISCO, Calif. – February 25, 2020 – High commercial health care prices are a main driver of US health care spending, due in large part to consolidation among providers. While employers, other health care purchasers and payers can drive competition in the marketplace through benefit and provider network design, public policies can also strengthen and support those efforts. Catalyst for Payment Reform and The Source on Healthcare Price and Competition at UC Hastings College of the Law have catalogued state measures to enhance market competitiveness and control costs through legislation. The report, State Policies …
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Source Executive Editor and Advisory Board Members Release Comments on DOJ Draft Vertical Merger Guidelines
Amy Y. Gu, Managing Editor February 24, 2020
Early in January, the Department of Justice (DOJ), along with the Federal Trade Commission (FTC), released a new draft guideline for vertical merger review and sought public comments. On February 24, The Source Executor Editor Jaime King, along with health economists and policy experts including Source Advisory members Tim Greaney and Richard Scheffler, jointly released “Comments on the Draft Vertical Merger Guidelines with Special Consideration to Health Care”. The comments raise concerns and urge that special attention be paid to the effects of vertical mergers in the health care sector, …
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[Presentation] AcademyHealth 2020 National Health Policy Conference
Sammy Chang, Health Policy Researcher February 11, 2020
AcademyHealth 2020 National Health Policy Conference Presentation: “Limiting Empire-Building: Why States Should Control Hospital Consolidation via Legislation and Litigation”
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[Sutter Case Watch] A Huge Deal: Settlement Terms of Sutter Health Antitrust Case Will Promote Transparency and Competition in California Provider Markets
Amy Y. Gu, Managing Editor January 15, 2020
See UFCW & Employers Benefit Trust v. Sutter Health case page. The high-profile antitrust case against Sutter Health settled on the eve of trial in October 2019, when the Northern California hospital giant reached a preliminary settlement agreement with the California Attorney General’s office and class action plaintiffs after five years of litigation. The terms of the settlement were released late December, which include both monetary compensation for the private plaintiffs and injunctions against Sutter’s conduct that will restore competition and promote transparency in the provider market. In this …
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DOJ and FTC Release Draft Updated Guidelines for Vertical Mergers
Amy Y. Gu, Managing Editor January 14, 2020
On January 10, the Department of Justice (DOJ), along with the Federal Trade Commission (FTC), released a new draft guideline for vertical merger review. As opposed to horizontal mergers, vertical mergers generally combine entities that operate at different levels in the same supply chain. As vertical mergers become more commonplace in the healthcare industry, they are increasingly raising antitrust concerns as they often times don’t trigger the same level of scrutiny as do horizontal mergers. The much needed new guidelines specifically targeting vertical mergers serve to withdraw and update the …
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[Publication] Addressing Health Care Market Consolidation and High Prices: The Role of the States
Amy Y. Gu, Managing Editor January 13, 2020
Urban Institute Research Report (January 2020) “Addressing Health Care Market Consolidation and High Prices The Role of the States” Authors: Robert A. Berenson, Jaime S. King, Katherine L. Gudiksen, Roslyn Murray, Adele Shartzer
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[Sutter Case Watch] BREAKING: Settlement Terms Released for Landmark Antitrust Case against Sutter Health
Sammy Chang, Health Policy Researcher December 20, 2019
See UFCW & Employers Benefit Trust v. Sutter Health case page. Today, California Attorney General Xavier Becerra announced the settlement terms for the landmark antitrust case, UFCW & Employers Benefit Trust v. Sutter Health. Sutter Health was alleged to engage in anticompetitive behavior by requiring “all or nothing” contracts, preventing insurance companies from providing tiered health plans, setting extremely high out-of-network rates, and restricting price transparency of provider cost information and rates. As Source Executive Editor Jaime King explains in a Tradeoffs episode, The Train Has Left the Station, …
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Introducing the New Interactive Key Issue Page: Market Consolidation
Amy Y. Gu, Managing Editor December 4, 2019
The Source on Healthcare Price and Competition is excited to announce that, in partnership with UC Berkeley’s Nicholas C. Petris Center on Health Care Markets and Consumer Welfare, we are unveiling a brand new interactive “Market Consolidation” key issue page that presents evidence-based information and analyses on the most effective strategies for states to address rapidly consolidating healthcare markets. Recent evidence demonstrates that provider and insurer markets in the United States have been highly concentrated for years and have led to increased healthcare prices and insurance premiums without a commensurate …
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[Sutter Case Watch] Source Executive Editor Jaime King Discusses Sutter Health Settlement in Podcast
Amy Y. Gu, Managing Editor October 30, 2019
See UFCW & Employers Benefit Trust v. Sutter Health case page. As the healthcare industry grapples with the recent settlement of the antitrust case against Sutter Health, The Source Executive Editor Jaime King discusses the possible motivations and implications of this development in Tradeoffs, a healthcare podcast. In Episode 2 of the podcast, The Train Has Left the Station, Professor King points out that because Sutter is a model for many other health systems around the country, the lawsuit against Sutter’s contracting practices, including all or nothing provisions, had …
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[Sutter Case Watch] BREAKING: Sutter Health Settles Massive Antitrust Suit to Avoid Trial
Amy Y. Gu, Managing Editor October 16, 2019
See UFCW & Employers Benefit Trust v. Sutter Health case page. The historic court case against Sutter Health alleging anticompetitive contract practices took an unexpected turn today when Judge Anne-Christine Massullo of the Superior Court of San Francisco dismissed the jury, announcing that Sutter has reached a preliminary settlement with the California AG and class action plaintiffs. Opening arguments in the case were set for October 21, after it was delayed from October 10 due to an insufficient number of jurors. The trial was estimated to last about 12 weeks and …
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