In Search of Antitrust Guidance and Safe Harbors for Accountable Care Organizations

CPI Antitrust Chronicle, Vol. 2, March 2011

13 Pages Posted: 3 Jun 2011

Date Written: March 30, 2011

Abstract

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice are crafting antitrust guidance for health care service providers considering the formation of accountable care organizations (ACOs) for participation in the Medicare Shared Savings Program. The formation of ACOs raises a number of antitrust concerns, including the risk of illegal price-fixing and the exercise of market power. I discuss a number of factors that may be relevant to an assessment of the competitive impact of an ACO, including market share, scope, degree of integration, and exclusivity.

Keywords: accountable care organizations, antitrust, Medicare Shared Savings Program

JEL Classification: I11, K21, L44

Suggested Citation

Pelnar, Gregory J., In Search of Antitrust Guidance and Safe Harbors for Accountable Care Organizations (March 30, 2011). CPI Antitrust Chronicle, Vol. 2, March 2011, Available at SSRN: https://ssrn.com/abstract=1856709

Gregory J. Pelnar (Contact Author)

Compass Lexecon ( email )

332 South Michigan Avenue
Suite 1300
Chicago, IL 60604
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
89
Abstract Views
518
Rank
516,629
PlumX Metrics