Antitrust and Unfair Competition Law
Competition: Winter 2017-18, Vol. 27, No. 1
Content
- Causation Principles In Pharmaceutical Antitrust Litigation
- Rethinking Healthcare Data Breach Litigation
- Antitrust's Hidden Hook In Drug Price Increases
- The Proximate Cause Requirement In Private Reverse Payment Antitrust Litigation
- Masthead
- Uncertainty and Scientific Complexity: An Introduction To Economic Forces That Drive Current Debates In Healthcare Antitrust
- Editor's Note
- Masthead
- Uncertainty and Scientific Complexity: An Introduction To Economic Forces That Drive Current Debates In Healthcare Antitrust
- Chair's Column
- The Proximate Cause Requirement In Private Reverse Payment Antitrust Litigation
- Editor's Note
- Certificates of Public Advantage: Bypassing the Ftc In Healthcare Mergers?
- The Efficiencies Defenestration: Are Regulators Throwing Valid Healthcare Efficiencies Out the Window?
- Rethinking Healthcare Data Breach Litigation
- Chair's Column
- Where Art Thou, Efficiencies? the Uncertain Role of Efficiencies In Merger Review
- Where Art Thou, Efficiencies? the Uncertain Role of Efficiencies In Merger Review
- What Past Agency Actions Say About Complexity In Merger Remedies, With An Application To Generic Drug Divestitures
- Certificates of Public Advantage: Bypassing the Ftc In Healthcare Mergers?
- Digital Health Privacy: Old Laws Meet New Technologies
- Digital Health Privacy: Old Laws Meet New Technologies
- Causation Principles In Pharmaceutical Antitrust Litigation
- Empirical Evidence of Drug Companies Using Citizen Petitions To Hold Off Competition
- Antitrust's Hidden Hook In Drug Price Increases
- Empirical Evidence of Drug Companies Using Citizen Petitions To Hold Off Competition
- The Efficiencies Defenestration: Are Regulators Throwing Valid Healthcare Efficiencies Out the Window?
- What Past Agency Actions Say About Complexity In Merger Remedies, With An Application To Generic Drug Divestitures
THE EFFICIENCIES DEFENESTRATION: ARE REGULATORS THROWING VALID HEALTHCARE EFFICIENCIES OUT THE WINDOW?
By Jacob Snow, Ronnie Solomon, Kyle Quackenbush1
I. INTRODUCTION
Assessing efficiencies is an important part of any regulatory merger review. Efficiencies that are merger-specific and verifiable can, under the Merger Guidelines, save an otherwise anticompetitive merger. The presentation by merging parties of pro-competitive efficiencies is often referred to as an efficiencies "defense."
Healthcare in the United States is changing. Recent years have brought a significant increase in healthcare mergers, and provisions in the Patient Protection and Affordable Care Act ("Affordable Care Act") encourage integration and coordination of healthcare services. In light of these changes, some argue that regulators put too little weight on efficiencies in the healthcare context, and that the high bar set by the Merger Guidelinesâ requiring that efficiencies be verifiable and merger specificâis an unnecessary hindrance to healthcare mergers that will benefit the public. Does it make sense to continue to hold efficiencies to such a high bar, in the face of technological developments and pressure on healthcare entities to integrate?