This article makes the case that the messenger model is either tacitly or inadvertently a "don't ask, don't tell" policy when it comes to competitor cooperation. In addition, this article presents an economic framework that explains how such a policy may benefit health care consumers. Finally, it is suggested that the "don't ask, don't tell" policy has created an area of per se legality that precludes an examination designed to distinguish consumer-benefiting practices from those that provide no benefit.
Jeffrey L. Harrison, The Messenger Model: Don't Ask, Don't Tell, 71 Antitrust L.J. 1017 (2004), available at http://scholarship.law.ufl.edu/facultypub/162