Why Competition Law Matters To Health Care Quality

Authors

William M. Sage, Texas A&M University School of LawFollow
David A. Hyman
Warren Greenberg

Document Type

Article

Publication Date

3-2003

Journal Title

Health Affairs

ISSN

0278-2715

DOI

10.1377/hlthaff.22.2.31

Abstract

Competition law (encompassing both antitrust and consumer protection) is the forgotten stepchild of health care quality. This paper introduces readers to competition law and policy, describes its institutional features and analytic framework, surveys the ways in which competition law has influenced quality-based competition, and outlines some areas in need of further development. Competition law protects the competitive process—not individual competitors. It guides the structural features of the health care system and the conduct of providers as they navigate it. Competition law does not privilege quality over other competitive goals but honors consumers’ preferences with respect to trade-offs among quality, price, and other attributes of goods and services.

First Page

31

Last Page

44

Num Pages

14

Volume Number

22

Issue Number

2

Publisher

Project HOPE

Recommended Citation

William M. Sage, David A. Hyman & Warren Greenberg, Why Competition Law Matters To Health Care Quality, 22 Health Affs. 31 (2003).
Available at: https://scholarship.law.tamu.edu/facscholar/1740