The Obama administration warned the health care industry Monday that
it "won't hesitate to block mergers that threaten to stifle
competition," The Associated Press reports.
"Justice
Department antitrust chief Christine Varney told a lawyers' conference
that vigorous enforcement of anti-monopoly laws is vital to the success
of the new health care law, particularly in trying to control rising
premiums." Varney listed both insurers and hospitals as potential
targets of investigations. The new health exchanges should provide
choice and competition for individuals and small businesses buying
insurance policies directly, but "Varney said the goals of health care
overhaul 'cannot be achieved' if insurer mergers reduce competition, or
if big companies use their market clout to keep out upstarts"
(Alonso-Zaldivar, 5/24).
Main Justice: "According to an internal DOJ study,
Varney said, new insurers have trouble competing with large players in
certain markets because they can't recruit new patients without provider
discounts. It becomes a catch-22, she said, because they can't
negotiate for discounts without a large number of patients. But in
markets with a few medium-sized players, where no one plan has the clout
to demand a larger discount, new firms are more likely to secure
similar discounts, she said. 'It is, therefore, imperative that the
division prevent mergers or acquisitions that will create, or even
increase the size of, dominant health insurance plans, particularly in
the small-group and individual markets,' Varney said."
In addition, the DOJ "will also challenge exclusive contracts
between insurers and large providers that make it harder for the
provider to negotiate with a new insurer, she said."
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