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: Suggested Citation