Antitrust Enforcement in the Health Care Industry: A Battleground of Competing Paradigms

James F. Blumstein examines Professor Richman’s account under the two different “ways of thinking about the product and the industry—the traditional professional/scientific and the market-oriented model.” Explaining that the latter model can play a “constructive role” in the context of hospital mergers, Blumstein concludes that “[a]ntitrust doctrine does not necessarily stand in the way of nonprofit hospitals that seek to merge, but it imposes an analytical metric that focuses on competition and efficiency.”

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