Do courts inconsistently apply antitrust laws when it comes to healthcare? Is healthcare afforded a “pass” that has not been afforded to other industries? These are the questions that NERA Economic Consulting experts Dr. Lawrence Wu and Dr. Paul Wong address in an article published in the Loyola University Chicago Law Journal. Their article, written in response to “How Much of Healthcare Antitrust Is Really Antitrust?” by Professor Spencer Waller, explains that healthcare antitrust cases often rest on facts specific to the to the allegation, the competitors, and market issues specific to the industry.
Paul Wong & Lawrence Wu, Health Care Antitrust: Are Courts Adapting to a Complex and Dynamic Industry or Are They Making Exceptions?, 48 Loy. U. Chi. L.J. 667 (2017)