FTC Centennial: How Health Care Antitrust Has Evolved

Law360, New York (December 15, 2014, 10:12 AM EST) -- The Federal Trade Commission was created when President Woodrow Wilson signed the FTC Act into law on Sept. 26, 1914. Looking back on the FTC's first 100 years, we have seen dramatic shifts in antitrust enforcement in the health care sector. The delivery of health care services, a profession some once argued should be exempt from antitrust scrutiny or impervious to traditional antitrust analysis due to unique characteristics of the industry, has become one of the commission's primary enforcement priorities.

In fact, the FTC's enforcement agenda in health care has recently resulted in several U.S. Supreme Court antitrust rulings that have...

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