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Public Hearings

Health Care and Competition Law and Policy

Hearings Information

Beginning in February 2003, the Antitrust Division and the Federal Trade Commission (FTC) cohosted hearings on health care and competition law and policy.

July 2004

Report: Improving Health Care: A Dose of Competition - A Report by the Federal Trade Commission and the Department of Justice

For more information, contact David Kelly, Litigation I Section (david.kelly@usdoj.gov or 202-616-9447).

Overview of the Hearings

These hearings marked the beginning of an extended examination of the state of the health care marketplace and the roles of competition, antitrust enforcement, and consumer protection in satisfying consumer preferences for high-quality, cost-effective health care. This was only the second set of hearings ever hosted by the Antitrust Division.

The Division and the FTC held three to five days of hearings per month between March and October 2003, exclusive of August 2003.

Issues for Consideration

Specific topics included the following:

  • Hospital mergers
  • Health plans, including the following subtopics:
    • Consolidation and market power
    • Tacit or explicit coordination between plans
    • Costs and impediments to entry into these markets
    • Monopsony power obtained and exercised against providers
  • Non-profit status and its significance
  • Vertical arrangements
  • Quality and efficiency
  • The Noerr-Pennington and state action doctrines
  • Existing remedies for anticompetitive conduct

Dates, Locations, and Topics

Information for each month appears on a separate page:

Hearings were held at the Federal Trade Commission Conference Center, 601 New Jersey Avenue in Washington, D.C., unless otherwise noted.

Press Releases

January 16, 2004

Justice Department and Federal Trade Commission Request Individuals Resubmit Comments Regarding Agencies’ Hearings on Health Care and Competition Law and Policy

September 15, 2003

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Agenda for September 24–26, 2003 and September 30 - October 1, 2003 Sessions

August 5, 2003

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Agenda for September 24–26, 2003 and September 30 - October 1, 2003 Sessions

June 19, 2003

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for June 25–26, 2003 Sessions

June 3, 2003

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for June 10–12, 2003 Sessions

May 13, 2003

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for May 27, 2003 and May 29–30, 2003 Sessions

April 22, 2003

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Revisions to Schedule for May 2003 Sessions

April 10, 2003

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for April 23–25 and May 7–8, 2003 Sessions

March 28, 2003

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for April 9–11, 2003 Sessions

March 26, 2003

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Updated Agenda for April–May, 2003 Sessions

March 18, 2003

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for March 26–28, 2003 Sessions

February 27, 2003

DOJ/FTC Hearings to Focus on Health Care and Competition Law and Policy - Agencies Release Revised Agenda for Several March–April, 2003 Sessions

February 19, 2003

Justice Department and Federal Trade Commission Hearings to Focus on Health Care and Competition Law and Policy

January 28, 2003

Department of Justice/Federal Trade Commission Hearings to Focus on Health Care and Competition Law and Policy - Initial Hearing Scheduled for February 26, 2003

November 7, 2002

Antitrust Division to Co-host Hearings on Health Care Competition Law and Policy

Speeches

February 28, 2003

Introductory Remarks - “A Tale of Two Cities” by Deborah Platt Majoras, Deputy Assistant Attorney General, Antitrust Division

February 26, 2003

Opening Day Comments by R. Hewitt Pate, Acting Assistant Attorney General, Antitrust Division

Federal Register Notices

November 12, 2002

FTC: Notice of Public Hearings [67 FR 68672]

Public Comments

Comments from the public, in both hardcopy and electronic form, were accepted through November 28, 2003. Selected comments appear on the FTC Web site.

Related Internet Site

FTC Web site: Federal Trade Commission and Department of Justice Hearings on Health Care and Competition Law and Policy

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