Abstract
This Note examines whether the changes in the healthcare market caused by the ACA should impact merger analysis and what policy changes, if any, should be made to antitrust analysis. Comparing two recently blocked mergers with two pre-ACA insurance mergers highlights the necessary change, or lack thereof, in an antitrust merger analysis post-ACA. Healthcare insurance provides a curious litmus test for the new role of antitrust scrutiny in healthcare as these insurance mergers are theoretically in response to other healthcare entity mergers possibly out of necessity, but more likely out of opportunity. Ultimately, the analysis indicates that the changes in the healthcare market brought by the ACA should not impact merger analysis and that the policies surrounding the application of the Sherman Act and the Clayton Act should remain the same.
Recommended Citation
Kelsey A. Greenfield,
The Hubris of Titans: How Colossal Insurance Mergers Threaten Healthcare,
29 U. Fla. J.L. & Pub. Pol'y
145
(2018).
Available at: https://scholarship.law.ufl.edu/jlpp/vol29/iss1/8