Healthcare Antitrust, Settlements, and the Federal Trade Commission

James Langenfeld, PhD, is Managing Director at Navigant Economics where he provides economic analyses and testimony regarding antitrust and competition matters, mergers, damages, class certification, and regulation. He is also an Adjunct Professor at Loyola and Johns Hopkins universities, serves on the editorial board of several professional journals and has published numerous articles in journals and books. Edwin Galeano is a Consultant with Navigant Economics. He works in supporting roles on matters involving antitrust, class action, energy, and healthcare disputes.

• IntroductionChapter 1. “TO KNOW WHERE YOU’RE GOING, LOOK AT WHERE YOU’VE BEEN”; Deborah L. FeinsteinChapter 2. ACTAVIS, AUTHORIZED GENERICS, AND THE FUTURE OF ANTITRUST LAW; Marc G. SchildkrautChapter 3. SOLVING THE PRODUCT HOPPING CONUNDRUM THROUGH SAFE HARBORS AND A NO-ECONOMIC-SENSE TEST; Michael A. Carrier and Steve D. ShadowenChapter 4. A MARKET ALL ITS OWN: MEDICARE ADVANTAGE AS A SEPARATE PRODUCT MARKET IN THE DOJ’S CASE AGAINST THE AETNA-HUMANA MERGER; Douglas Ross and David MaasChapter 5. A HISTORY OF THE FTC’S BUREAU OF ECONOMICS; Paul A. PautlerChapter 6. LABOR DISPUTES AND PRETRIAL SETTLEMENTS: THE FRENCH CASE; Jean-Christian TisserandChapter 7. FRANCHISEES FACING ONLINE SALES IN A EUROPEAN LEGAL CONTEXT; Guy Basset, Rozenn Perrigot, and Gerard CliquetChapter 8. MANDATORY UPSTREAM INPUTS AND UPWARD PRICING PRESSURE: IMPLICATIONS FOR COMPETITION POLICY; Timothy J. Tardiff and Dennis L. WeismanChapter 9. WHEN IS THE “KENNEDY CORRECTION” APPROPRIATE IN ESTIMATING OVERCHARGES?; Wenqing Li and James F. NieberdingChapter 10. KWOKA’S MERGERS, MERGER CONTROL, AND REMEDIES: REJOINDER TO KWOKA; Michael Vita

Contributed by researchers working in business and economics in Europe and the US, the 10 essays in this volume explore legal and economic developments in health care, intellectual property and labor settlements, competitive effects, cartel overcharges, and the US Federal Trade Commission, analyzing questions about appropriate competition policy, how to evaluate settlements and other firm behaviors, and the future of economics and competition policy. They address practices that are being challenged in pharmaceuticals and issues involving hospital and health insurance mergers, including how the Federal Trade Commission's actions have impacted the evolution of health care competition, the US Supreme Court's decision in Federal Trade Commission v. Ataxis, and product hopping cases; the current and historical role of economists and economic analysis at the Federal Trade Commission; labor disputes and pretrial settlements in the French economy; the impact of e-commerce on franchisees; and economics aspects, including "upward pricing pressure," estimating price increases in cartel cases, and research on the effectiveness of US merger regulation.