This research report titled “Preventing Anticompetitive Contracting Practices in Healthcare Markets” analyzes five specific clauses in healthcare contracts that have the potential for anticompetitive harm. In understanding the theory and empirics of pro- and anti-competitive effects in specific healthcare markets, we reviewed legal and economic literature, examined antitrust enforcement of contract terms, and surveyed all 50 states of proposed and enacted legislation restricting the use of these contract clauses. This report is the latest product from a joint project with The Petris Center and The Source on Healthcare Price and Competition supported by Arnold Ventures.
This project leverages the latest and most comprehensive data on state laws, healthcare markets, and healthcare prices in provider and insurer markets in the United States in the last ten years and presents evidence-based information and analyses on the most effective strategies for states to address rapidly consolidating healthcare markets. In the first published report in the series, “Preventing Anticompetitive Healthcare Consolidation: Lessons from Five States” identifies best practices that state policymakers should consider to enhance oversight of healthcare consolidation in their own state.