Health Affairs April 5, 2023
Rising private-sector health care prices remain a concern across the country, leading a significant number of Americans to delay necessary care or incur significant medical debt. New hospital and insurer price transparency rules have placed a spotlight on price disparities and have renewed policy makers’ focus on health care market competition as a means of moderating excessive prices.
US antitrust law was developed to protect competition and focuses on preventing collusion by private actors and curbing the development of monopolistic market structures that raise prices or diminish quality. Both Republican and Democratic administrations have viewed antitrust enforcement as an essential component of the nation’s health care policy.
The complexities of applying broadly phrased antitrust laws to the health care sector,...
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