Duquesne Law Review


Over the past eight to ten years, many activities of hospitals have been subjected to increased scrutiny under the antitrust laws. The new competitive environment in which hospitals find themselves, as well as changing antitrust legal principles, suggest that this greater scrutiny will even increase in the future. A hospital's administration and its legal counsel, therefore, must be able to recognize and analyze activities engaged in by hospitals that can raise serious antitrust concerns. This article briefly addresses the developments that have led to greater antitrust litigation involving hospitals. It then identifies several activities by hospitals that can prove troublesome. After presenting an overview of each activity, the authors discuss and analyze the most important cases and legal principles, and, where appropriate, offer analytical frameworks to aid those advising hospitals in assessing the degree of any antitrust risk.

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