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.

Report: Improving Health Care: A Dose of Competition - A Report by the Federal Trade Commission and the Department of Justice (July 2004)

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

Justice Department and Federal Trade Commission Request Individuals Resubmit Comments Regarding Agencies’ Hearings on Health Care and Competition Law and Policy (January 16, 2004)

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Agenda for September 24–26, 2003 and September 30 - October 1, 2003 Sessions (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 - Schedule for June 25–26, 2003 Sessions (June 19, 2003)

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for June 10–12, 2003 Sessions (June 3, 2003)

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for May 27, 2003 and May 29–30, 2003 Sessions (May 13, 2003)

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Revisions to Schedule for May 2003 Sessions (April 22, 2003)

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for April 23–25 and May 7–8, 2003 Sessions (April 10, 2003)

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for April 9–11, 2003 Sessions (March 28, 2003)

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Updated Agenda for April–May, 2003 Sessions (March 26, 2003)

DOJ/FTC Hearings on Health Care and Competition Law and Policy - Schedule for March 26–28, 2003 Sessions (March 18, 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 27, 2003)

Justice Department and Federal Trade Commission Hearings to Focus on Health Care and Competition Law and Policy (February 19, 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 (January 28, 2003)

Antitrust Division to Co-host Hearings on Health Care Competition Law and Policy (November 7, 2002)

Speeches

Introductory Remarks - “A Tale of Two Cities” by Deborah Platt Majoras, Deputy Assistant Attorney General, Antitrust Division (February 28, 2003)

Opening Day Comments by R. Hewitt Pate, Acting Assistant Attorney General, Antitrust Division (February 26, 2003)

Federal Register Notices

FTC: Notice of Public Hearings [67 FR 68672] (November 12, 2002)

Public Comments

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

Related Internet Site

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