Antitrust Law Daily Wrap Up, ANTITRUST NEWS: FTC staff calls proposed Oregon antitrust exemption for health care collaborations unnecessary, (May 20, 2015)

Today the FTC staff expressed its concern over a proposed antitrust exemption for health care collaborations contained in Oregon Senate Bill 231A. In a letter to Oregon State Senator Chip Shields, the FTC staff opined that the broad antitrust exemption in the Bill is unnecessary because antitrust law already permits such efforts that benefit consumers.

The staff commended the underlying goal of the bill—to study and improve the delivery of primary care services to Oregon health care consumers and to promote new collaborations among Oregon health care providers, payers, and other industry participants. However, the letter maintains that the broad purported antitrust exemption in Senate Bill 231A is based on misunderstandings about application of the antitrust laws to such endeavors.

“Because procompetitive health care collaborations already are permissible under the antitrust laws, the main effect of SB 231A would be to immunize joint conduct that likely would restrain competition without generating countervailing efficiencies, and consequently would not pass muster under the antitrust laws,” the letter states. “Therefore, FTC staff respectfully suggests that the proposed Bill is likely to lead to increased health care costs and decreased access to health care services for Oregon consumers.”

News: Antitrust FederalTradeCommissionNews