Anti-trust and Physician Networks: Expansion of the Rule of Reason

Document Type

Article

Publication Title

Texas Journal of Rural Health

Volume

18

Issue

3

First Page

38

Last Page

44

Publication Date

1-1-2000

Abstract

In 1996 the Federal Trade Commission and the Department of Justice (FTC/DOJ) jointly issued policy statements concerning physician service networks and antitrust enforcement. The most notable change in policy was expansion of the rule of reason to physician networks that are clinically integrated. According to previous guidelines, physician networks were required to show shared financial risk to gain rule of reason treatment and avoid a per se violation of Section One of the Sherman Act. Recent FTC/DOJ decisions indicate that clinical integration has become a factor in enforcement decisions. But case law is still evolving in this dynamic part of the antitrust environment.

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