The Commission works to prevent anticompetitive mergers and conduct that might undermine competition in health care markets. Many recent FTC merger enforcement actions involved companies that provide health care services, from dialysis clinics to testing labs. In particular, the FTC has redoubled its efforts to prevent hospital mergers that may leave insufficient local options for in-patient services, challenging three such mergers in federal court in the past year.
The agency also combats anticompetitive conduct by health care providers that may raise costs or reduce options for patients. For instance, the Commission found that the North Carolina State Board of Dental Examiners illegally sought to prevent non-dentists from providing teeth whitening services.
On the policy front, when asked, the Commission commented on the competitive implications of state proposals that may impose burdens on health care providers without generating offsetting benefits to patients in terms of access or cost. In addition, the FTC worked with the DOJ and other agencies — most notably the Centers for Medicare and Medicaid Services — to develop a Joint Statement of Antitrust Enforcement Policy for Accountable Care Organizations. The Statement makes clear that the antitrust laws are not a barrier to bona fide collaboration, while at the same time ensuring that any benefits from increased collaboration will not be lost to anticompetitive conduct.
Enforcement Highlights
- ProMedica: Citing Likely Anticompetitive Effects, FTC Requires ProMedica Health System to Divest St. Luke's Hospital in Toledo, Ohio, Area
- Providence: Statement on Providence Health & Services' Abandonment of its Plan to Acquire Spokane Cardiology and Heart Clinics Northwest
- Phoebe Putney: FTC and Georgia Attorney General Challenge Phoebe Putney Health System's Proposed Acquisition of Palmyra Park Hospital as Anticompetitive
- OSF and Rockford: FTC Challenges OSF Healthcare System Proposed Acquisition of Rockford Health System as Anticompetitive
- North Carolina State Board of Dental Examiners: North Carolina Dental Board Illegally Stifled Competition by Stopping Non-Dentists From Providing Teeth Whitening Services
- Southwest Health: Settlement Order Bars Texas Doctors' Group from Joint Price Negotiations
- DaVita: FTC Requires Dialysis Services Company DaVita, Inc. to Sell 29 Clinics to Resolve Anticompetitive Effects of its Proposed Acquisition of DSI
- Healthcare Technology: FTC Requires Parent of Market Research Firm IMS Health to Sell Two Product Lines Before Acquiring Rival SDI Health
- Labcorp and Orchid: FTC Puts Conditions on LabCorp's Acquisition of Rival Orchid Cellmark, Inc.
- Fresenius: FTC Requires Fresenius Medical Care AG to Sell 60 Dialysis Clinics Around the Country as a Condition of Acquiring Liberty Dialysis Holdings, Inc.
Policy Highlights
- ACO Policy Statement: Statement of Antitrust Policy Enforcement Regarding Accountable Care Organizations (FTC, DOJ)
- Staff Comment: Maine Dental Board's Proposed Rules Could Undermine Pilot Project to Expand Access to Dental Care in Underserved Areas
- Staff Comment: Proposed New York Legislation Likely to Lead to Higher Health Care Costs and Decreased sAccess to Health Care Services for Consumers
- Staff Comment: Proposed Tennessee Legislation May Reduce Patient Access to Pain Management Services and Increase Prices
- Staff Comment: Proposed Texas Legislation Likely Would Benefit Health Care Consumers; Would Allow Expanded Patient Care by Advanced Practice Registered Nurses