United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office Health, Education, and Human Services Division author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao legislative 2010-08-12 U.S. Government Printing Office 1994-08-05 monographic deposited born digital GA 1.13:HEHS-94-220 https://www.govinfo.gov/app/details/GAOREPORTS-HEHS-94-220 P0b002ee1803806e0 f:he94220 DGPO 2010-08-12 2011-03-28 GAOREPORTS-HEHS-94-220 machine generated eng fdlp REPORT GAOREPORTS-HEHS-94-220 HEHS-94-220 Health care services Hospitals Antitrust law Law enforcement State-administered programs State law Restrictive trade practices Federal/state relations Competition Colorado Florida Georgia Idaho Kansas Maine Minnesota Montana Nebraska New York North Carolina North Dakota Ohio Oregon Tennessee Texas Washington Wisconsin Letter Report HEHS

In response to a request to review antitrust enforcement actions involving hospitals by the Department of Justice and the Federal Trade Commission (FTC), GAO found that of 397 acute care hospital mergers reviewed by Justice and the FTC in the 13 year period of fiscal year 1981 through fiscal year 1993, less than 4 percent were challenged. For an additional 13 percent of these mergers, Justice or the FTC conducted a preliminary investigation and then allowed the mergers to go forward. The remaining 83 percent of cases involved no more than the required initial filing of notice of proposed merger. Neither Justice nor the FTC has ever challenged a hospital joint venture. GAO also found that the hospital industry has actively sought enactment of state laws that would confer antitrust immunity to collaborative actions by hospitals, such as mergers, joint ventures, and sharing of patients and equipment. Since 1992, 18 states have enacted regulatory programs for state approval of hospital activities that can fall under antitrust statutes. Such state laws are sought because under the state action immunity doctrine established by the Supreme Court, certain anticompetitive conduct regulated by the states may be immune from federal antitrust enforcement action. https://www.govinfo.gov/content/pkg/GAOREPORTS-HEHS-94-220/html/GAOREPORTS-HEHS-94-220.htm GAO/HEHS-94-220 https://www.govinfo.gov/app/details/GAOREPORTS-HEHS-94-220 Letter Report GAO/HEHS-94-220; Health Care: Federal and State Antitrust Actions Concerning the Health Care Industry; Health care services Hospitals Antitrust law Law enforcement State-administered programs State law Restrictive trade practices Federal/state relations Competition Colorado Florida Georgia Idaho Kansas Maine Minnesota Montana Nebraska New York North Carolina North Dakota Ohio Oregon Tennessee Texas Washington Wisconsin Title 15 Section 18a Title 15 Section 18 Title 15 Section 1 Title 15 Section 45 15 U.S.C. 18a 15 U.S.C. 18 15 U.S.C. 1 15 U.S.C. 45 Volume 26 Page 209 26 Stat. 209 Volume 38 Page 719 Volume 38 Page 731 38 Stat. 719 38 Stat. 731 Public Law 94-435