Document Type
Article
Publication Date
7-1999
Journal Title
Michigan Journal of Law Reform
ISSN
0363-602X
Abstract
As American health care moves from a professionally dominated to a marketdominated model, concerns have been voiced that competition, once unleashed, will focus on price to the detriment of quality. Although quality has been extensively analyzed in health services research, the role of quality in competition policy has not been elucidated. While economists may theorize about non-price competition, courts in antitrust cases often follow simpler models of competition based on price and output, either ignoring quality as a competitive dimension or assuming that it will occur in tandem with price competition. This unsystematic approach is inadequate for the formulation of policy in the health care industry, where quality is a central concern of both consumers and society. Instead, courts need a framework with which to analyze the implications for quality of various market structures and to understand the welfare implications of proposed market changes. A competition policy would seek to evaluate the potential for private markets to protect and improve quality in the health care system. This Article describes the present role of antitrust law in medical markets, explores the issues that would be confronted in developing a competition policy and outlines a research agenda that would begin to accomplish that task.
First Page
1069
Last Page
1118
Num Pages
50
Volume Number
32
Issue Number
4
Publisher
University of Michigan Law School
Recommended Citation
William M. Sage & Peter J. Hammer,
Competing on Quality of Care: The Need to Develop a Competition Policy for Health Care Markets,
32
U. Mich. J.L. Reform
1069
(1999).
Available at:
https://scholarship.law.tamu.edu/facscholar/1758