Project Description
Publication
“State Action to Oversee Consolidation of Health Care Providers”
Alexandra D. Montague, Katherine L. Gudiksen, and Jaime S. King
August 5, 2021
Abstract:
While federal oversight over health care provider transactions is crucial, state officials—working independently or alongside federal antitrust enforcers—must work to protect competition in health care markets across the country. Currently, significant variation exists among state legal and administrative frameworks that can be used to review proposed health care transactions for potential anticompetitive harm. Based on an analysis of state merger review practices in all 50 states, this brief describes the variation among state review practices to identify the key elements of a comprehensive state merger review framework. To protect competition and consumers from the anticompetitive effects of consolidation, state regulators need broad pretransaction notice; sufficient time to review transactions using substantive review criteria; the ability to approve, conditionally approve, or block transactions administratively; and the means to oversee conditionally approved transactions.
Download the report here.
Source Sightings
A Step Forward for Health Care Market Oversight: Oregon Health Authority’s Health Care Market Oversight Program
Robin Davison, Katie Gudiksen, Alex Montague, Jaime King
March 13, 2023
Antitrust’s Healthcare Conundrum: Cross-Market Mergers and the Rise of System Power
Jaime King, Alex Montague, Tim Greaney et al.
Forthcoming May 2023
Challenging Anticompetitive Cross-Market Health Mergers
Jaime King, Alex Montague, Tim Greaney
January 19, 2023
American Bar Association 2022 Antitrust Fall Forum
Katie Gudiksen
November 17, 2022
The Rise Of Cross-Market Hospital Systems And Their Market Power In The US
Jaime King, Alex Montague, Tim Greaney et al.
November 7, 2022
Taming Health Insurance Costs for Employers and Employees
Katie Gudiksen
October 27, 2022