TOPIC AND YEARLY INDICES OF
HEALTH CARE ANTITRUST ADVISORY OPINIONS
BY COMMISSION AND STAFF

Bureau of Competition
Federal Trade Commission
March 12, 2001

INTRODUCTION

The Federal Trade Commission will respond to requests for advice from health care providers and others through its advisory opinion process.(1) On September 15, 1993, the Federal Trade Commission and the Department of Justice jointly issued six policy statements containing "safety zones" for provider conduct that the agencies generally would not challenge under the antitrust laws. The policy statements were updated and revised on September 27, 1994, when the agencies jointly issued nine statements of antitrust enforcement policies and analytical principles regarding mergers and various joint activities in the health care area. In response to changes in the health care market, on August 28, 1996, the agencies issued revisions to statements eight and nine concerning physician network joint ventures and multi-provider networks.(2) The Commission will respond within 90 days to requests for advice about most matters addressed by the policy statements, and within 120 days to requests for advice regarding other non-merger health care matters.

TOPIC INDEX OF HEALTH CARE ANTITRUST ADVISORY OPINIONS
BY COMMISSION AND STAFF(3)

March 12, 2001

I. NETWORK JOINT VENTURES

A. Physician Network Joint Networks B. Hospital/Physician Network Joint Ventures C. Hospital Network Joint Ventures D. Other Provider Network Joint Ventures E. Other Joint Bidding

II. JOINT PURCHASING ARRANGEMENTS A. Joint Purchasing By Health Care Providers B. Joint Purchasing By Payers

III. OTHER JOINT VENTURES A. Hospital Joint Ventures B. Insurer/Third-Party Payer PPO's

IV. PROVIDER PARTICIPATION IN EXCHANGES OF PRICE AND COST INFORMATION

V. PROVIDERS' COLLECTIVE PROVISION OF FEE-RELATED INFORMATION A. Relative Value Schedules/Guides
B. Fee Review
C. Discussions With Payers

VI. PROVIDERS' COLLECTIVE PROVISION OF NON-FEE-RELATED INFORMATION A. Standard Setting Programs
B. Quality And Utilization Review
C. Information Sharing

VII. PROFESSIONAL SOCIETY ACTIVITIES A. Codes Of Ethics
B. Other Activities

VII. OTHER AGREEMENTS A. Market Allocation
B. Exclusive Dealing
C. Potential Barriers To New Entry
D. Parent Subsidiary Relationships

IX. ROBINSON-PATMAN ACT A. Pharmaceutical Pricing Practices
B. Other Products

YEARLY INDEX OF HEALTH CARE ANTITRUST ADVISORY OPINIONS
BY COMMISSION AND STAFF(4)

March 12, 2001

2000 - 1999 - 1998 - 1997 - 1996 - 1995 - 1994 - 1993 - 1992 - 1991 - 1990 - 1989 - 1988 - 1987 - 1986 - 1985 - 1984 - 1983 - 1982

(1) 1 FTC Rules of Practice, § 1.1-1.4; 16 CFR § 1.1-1.4.

(2) 2 Statements of Antitrust Enforcement Policy in Health Care, issued on August 28, 1996, 4 Trade Reg. Rep. (CCH) ¶13,153 revised the Statements of Enforcement Policy and Analytical Principles Relating to Health Care and Antitrust, issued on September 27, 1994, 4 Trade Reg. Rep. (CCH) ¶13,152. The 1994 statements revised and expanded the Department of Justice and Federal Trade Commission Antitrust Enforcement Policy Statements in the Health Care Area issued on September 15, 1993, 4 Trade Reg. Rep. (CCH) ¶13,151.

(3) 3 Advisory opinions are listed in more than one category when they discuss several issues. Commission advisory opinions are indicated by an asterisk (*); other opinions are staff advisory opinions. A yearly index follows this topic index. Copies of this index and the advisory opinions may be obtained from the Public Reference Section, Federal Trade Commission, Washington, D.C. 20580. The indices and advisory opinions issued since the 1993 Policy Statements are also available at the FTC’s World Wide Web site at: http://www.ftc.gov. For additional information contact Judy Moreland at (202) 326-2776 or Mary Connelly-Draper at (202) 326-2760.

(4) 4 Commission advisory opinions are indicated by an asterisk (*); other opinions are staff advisory opinions.