Antitrust enforcement in the healthcare industry: the expanding scope of state activity.

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RESUMO

OBJECTIVE: To describe the landscape of state antitrust activity and review related research and policy issues. In particular, to examine state laws that attempt to immunize mergers among healthcare providers from state and federal antitrust prosecution and consent decrees issued by state attorneys general permitting healthcare providers to merge. DATA SOURCES: State laws attempting to immunize collaborative activities from state and federal antitrust prosecution and consent decrees between state attorneys general and collaborating healthcare providers. PRINCIPAL FINDINGS: State antitrust agencies have been more willing than federal antitrust agencies to approve mergers that are contingent on the fulfillment of specific conditions that require continued oversight. CONCLUSIONS: Research is needed to inform policymakers about the consequences of state-approved mergers on market performance.

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