Antitrust Bulletin articles from September 2007

Antitrust Bulletin archives from September 2007

An economic model of competition between general hospitals and physician-owned specialty facilities. (Symposium: Health Care, Hospitals, Physicians, and Competition)
September 22, 2007... I. INTRODUCTION A spirited debate continues over the nature of competition between general full-service hospitals and specialty limited-service hospitals and ambulatory surgery centers, especially when the latter are physician-owned....

The balance of power in hospital staff privileges disputes.(Symposium: Health Care, Hospitals, Physicians, and Competition)
September 22, 2007... I. INTRODUCTION The production of health care at hospitals is a joint effort between an institution (the hospital) and the members of a profession (the physicians). (1) The legal relationship between the hospital and the...

Hospital responses to physician competition. (Symposium: Health Care, Hospitals, Physicians, and Competition)
September 22, 2007... I. INTRODUCTION Full service hospitals today are faced with competition from all sorts of entities. The most potent form of competition often comes from entities that are either wholly or partly owned by physicians who also have privileges...

Inferring antitrust conspiracies from circumstantial evidence: how much is enough?(Symposium: Health Care, Hospitals, Physicians, and Competition)
September 22, 2007... I. INTRODUCTION The Supreme Court recently decided that an antitrust conspiracy claim must contain specific factual allegations in order to withstand a motion to dismiss. The case, Bell Atlantic Corp. v. Twombly, (1) undercut the...

The Roberts antitrust court: a transformative beginning. (Symposium: A Continuing Symposium on Antitrust and the Robert Court)
September 22, 2007... Since John Roberts has been its Chief Justice, the Supreme Court has been imposing a new level of rationality, consistency, and indeed, predictability, upon antitrust law. None of its antitrust decisions are a surprise. Indeed, the law that is...

Overruling Dr. Miles: the Supreme Trade Commission in action.(Symposium: A Continuing Symposium on Antitrust and the Robert Court)
September 22, 2007... INTRODUCTION In Leegin Creative Leather Products, Inc. v. PSKS, Inc., (1) a sharply divided Supreme Court abolished the per se rule against resale price maintenance (RPM), overruling the venerable case of Dr. Miles Medical Co. v. John D....

Texaco v. Dagher: opportunities missed and neglected.(Symposium: A Continuing Symposium on Antitrust and the Robert Court)
September 22, 2007... I. INTRODUCTION The Supreme Court said in Dagher (1) that it is not per se unlawful price-fixing in violation of section 1 of the Sherman Act (2) for a fully-integrated joint venture to set the prices at which it sells its own products....

The competitive effects of quantity discounts.
September 22, 2007... I. INTRODUCTION From the very earliest antitrust cases to the present, courts have struggled with a fundamental conflict involving contracts between buyers and sellers of intermediate goods. Namely, on the one hand, contractual agreements...

Merger remedies in the European Union: an overview.
September 22, 2007... I. MERGER REMEDIES IN THE EU Under the Merger Regulation 4064/89, (1) the European Commission (EC) assesses proposed concentrations (the legal term which comprehends mergers and acquisitions, as well as full-function joint ventures) on the...

Integrating strategic behavior into competition analysis.(Economics)
September 22, 2007... I. STRATEGIC CONDUCT AND THE STRUCTURECONDUCT-PERFORMANCE PARADIGM Particularly in markets that are oligopolistic, strategic behavior may shape, or reshape, the competitive environment. It may cause structural change, or it may alter...

Competition Law Today: Concepts, Issues, and the Law in Practice.(Book review)
September 22, 2007... Competition Law Today: Concepts, Issues and the Law in Practice Vinod Dhall ed. Oxford University Press India, New Delhi (2007), xxiv + 561 pp., 875 Rs. In the increasingly globalized business environment in which competition lawyers and...