ABSTRACT

This chapter provides a general summary of the guidelines, which were provided in the form of policy statements issued jointly, and subsequently amended, by the United States Department of Justice and the Federal Trade Commission between September 1993 and September 1996. The Independent Practice Association, Physician Hospital Organization, and Management Services Organization groups that have been forming in the past few years continue to request information about the federal guidelines for antitrust enforcement policy in healthcare. The chapter shows that physicians to contact their local healthcare attorney to provide they with further guidance whenever they are contemplating a business venture that may fall under the purview of the Department of Justice and the Federal Trade Commission’s jurisdiction. First enacted in the 1890s, the purpose of the antitrust laws was to protect consumers against anti-competitive business activities. These activities, especially the creation of monopolies, enabled businesses to charge higher prices to consumers.