scholarly journals Potential Competition and Antitrust Analysis: Monopoly Profits Exceed Duopoly Profits

2021 ◽  
Author(s):  
Steven C. Salop
Keyword(s):  
Potential Competition ◽  
Antitrust Analysis

Antitrust: U.S. Supreme Court Affirms FTC Jurisdiction but Vacates Scope of Analysis on CDA Policy

1999 ◽  
Vol 27 (2) ◽  
pp. 197-198
Author(s):  
Joseph R. Zakhary
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Federal Trade Commission ◽  
Ninth Circuit ◽  
Court Of Appeals ◽  
For Profit ◽  
Rule Of Reason ◽  
Antitrust Analysis ◽  
Business Financing ◽  
The U.S

In California Dental Association v. FTC, 119 S. Ct. 1604 (1999), the U.S. Supreme Court reviewed a decision by the U.S. Court of Appeals for the Ninth Circuit that a nonprofit affiliation of dentists violated section 5 of the Federal Trade Commission Act (FTCA), 15 U.S.C.A. § 45 (1998), which prohibits unfair competition. The Court examined two issues: (1) the Federal Trade Commission's (FTC) jurisdiction over the California Dental Association (CDA); and (2) the proper scope of antitrust analysis. The Court unanimously held that CDA was subject to FTC's jurisdiction, but split 5-4 in its finding that the district court's use of abbreviated rule-of-reason analysis was inappropriate.CDA is a voluntary, nonprofit association of local dental societies. It boasts approximately 19,000 members, who constitute roughly threequarters of the dentists practicing in California. Although a nonprofit, CDA includes for-profit subsidiaries that financially benefit CDA members. CDA gives its members access to insurance and business financing, and lobbies and litigates on their behalf. Members also benefit from CDA marketing and public relations campaigns.

The State Action Doctrine and The Local Government Antitrust Act: The Restructured Public Hospital Model

1988 ◽  
Vol 14 (2-3) ◽  
pp. 171-219
Author(s):  
Theodore N. McDowel ◽  
J. Marbury Rainer
Keyword(s):  
Local Government ◽  
Public Hospital ◽  
The State ◽  
State Action ◽  
Hospital Facility ◽  
Practical Matter ◽  
Antitrust Analysis ◽  
The Impact ◽  
State Action Doctrine ◽  
Public Entity

This Article analyzes the development and complexities of the antitrust state action doctrine and the Local Government Antitrust Act as these doctrines apply to both “municipalities” and private entities. The restructuring of a public hospital is used as a model to facilitate the antitrust analysis. The restructuring model, which typically involves the leasing of a hospital facility by a public entity to a private nonprofit corporation, offers the unique opportunity to compare the different standards employed under the state action doctrine and the Local Government Antitrust Act. As a practical matter, the Article provides a framework for a public hospital to evaluate the impact of corporate restructuring on its antitrust liability exposure and to develop strategies to minimize antitrust risks.

An Economic and Antitrust Analysis of the Distribution of Medical Products

1990 ◽  
Vol 16 (4) ◽  
pp. 499-523
Author(s):  
Arnold C. Celnicker
Keyword(s):  
Nursing Homes ◽  
Price Discrimination ◽  
High Price ◽  
Medical Products ◽  
Pricing Scheme ◽  
Antitrust Analysis

The techniques used to distribute medical products are designed to maximize the manufacturers’ profits by charging a relatively low price to hospitals and a relatively high price to other purchasers, such as doctors and nursing homes. This pricing scheme raises complex antitrust problems, including vertical price fixing between the manufacturer and its distributors, price discrimination by the manufacturer, and agreements between the manufacturer and the hospitals restricting the hospitals’ ability to resell. This Article examines these antitrust issues.

Predation of wildlife by free-ranging domestic dogs in Polish hunting grounds and potential competition with the grey wolf

2016 ◽  
Vol 201 ◽  
pp. 1-9 ◽  
Author(s):  
Izabela A. Wierzbowska ◽  
Magdalena Hędrzak ◽  
Barłomiej Popczyk ◽  
Henryk Okarma ◽  
Kevin R. Crooks
Keyword(s):  
Domestic Dogs ◽  
Grey Wolf ◽  
Potential Competition ◽  
Free Ranging

Examining Exclusionary Conduct of HMOs and PPOs: A Case Comment on Northwest Medical Laboratories v. Blue Cross and Blue Shield of Oregon

1991 ◽  
Vol 17 (3) ◽  
pp. 271-288
Author(s):  
Debra M. Levitt
Keyword(s):  
Health Care ◽  
Health Care Providers ◽  
Health Care Industry ◽  
Medical Laboratory ◽  
Care Providers ◽  
Court Of Appeals ◽  
Medical Laboratories ◽  
Care Industry ◽  
Antitrust Analysis ◽  
Blue Shield

As the climate of the health care industry has changed to one of cost-containment and competition through the growth of HMOs and PPOs, health care providers have become the subjects of antitrust litigation. One such case, Northwest Medical Laboratories v. Blue Cross and Blue Shield of Oregon, involved a medical laboratory and a radiology center who claimed that they were victims of an illegal group boycott after defendant's pre-paid health plan denied them preferred provider status. The Oregon Court of Appeals, using the traditional antitrust analysis applied to other industries for decades, failed to consider the intricacies that exist within the health care industry. This result led to an inaccurate market share computation and an inadequate rule of reason analysis. This Comment examines the shortcomings of the Northwest Medical opinion and argues that, in applying the antitrust laws to the health care industry, courts in future cases must recognize and respect the unique features of the business of providing health care.

Antitrust Analysis: Problems, Text, Cases

1968 ◽  
Vol 81 (4) ◽  
pp. 913 ◽  
Author(s):  
Donald F. Turner ◽  
Phillip Areeda
Keyword(s):  
Antitrust Analysis
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