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FTC
Health Care Workshop
Final
Agenda
Monday, September
9, 2002: 9:30 a.m. 5:30 p.m.
Tuesday, September 10, 2002: 9:15 a.m. 5:15 p.m.
Speakers and
Times subject to change
September 9, 2002
Morning Session
(9:30 a.m. - 12:35 p.m.)
Introductory Remarks
9:30 a.m. - 9:45 a.m.
- Chairman Timothy J. Muris, Federal Trade Commission
Speaker 1: Overview
of the Health Care Marketplace: Structural, Legal, and Policy
Issues
9:45 a.m. - 10:25 a.m.
Speaker 2: Competition
and Antitrust in Health Care
10:25 a.m. - 11:05 a.m.
Speaker 3: Recent Developments
in the Health Care Market
11:05 a.m. - 11:45 a.m.
Speakers 4-6: FTC's Health
Care Initiatives
11:45 a.m. - 12:15 p.m.
- Joe Simons, Bureau of Competition, Federal Trade Commission
- J. Howard Beales III, Bureau of Consumer Protection,
Federal Trade Commission
- David Scheffman, Bureau of Economics, Federal Trade
Commission
Speaker 7: DOJ's Health
Care Initiatives
12:15 p.m. - 12:25 p.m.
Speaker 8: State Attorneys'
General Health Care Initiatives
12:25 p.m. - 12:35 p.m.
- Ellen Cooper, Office of the Attorney General, State of
Maryland
Lunch Break
(12:35 p.m. - 2:00 p.m.)
Afternoon Session
(2:00 p.m. - 5:30 p.m.)
Introductory Remarks
2:00 p.m. - 2:10 p.m.
- Commissioner Sheila F. Anthony, Federal Trade Commission
1st Panel: Health Care
Services: Provider Integration
2:15 p.m. - 3:45 p.m.
What are the current trends in the marketplace?
What types of financial risksharing arrangements, clinical
integration, and other forms of economic integration have
developed or are developing? Where and for what types of
services? What are the barriers (transactioncost and otherwise)
to the development of stable, integrated arrangements? What
are the attributes of clinical integration? What are the
attributes of economic integration? What effects do clinical
and economic integration have on quality, choice, and the
functioning of the market? Do the Statements of Antitrust
Enforcement Policy in Health Care, jointly issued by the
Commission and the Department of Justice, delineate a sound
approach to enforcement? Is the approach of the Statements
of Antitrust Enforcement Policy too restrictive in some
circumstances? Are antitrust enforcement efforts appropriately
targeted? Do enforcement decisions appropriately take account
of nonprice competition, including quality, service, and
innovation?
Panelists:
- Dr. Ellen Burkett, MedSouth
- Henry R.
Desmarais, Health Insurance Association of America
- Stuart Fine,
Grand View Hospital, representing the American
Hospital Association
- Warren Greenberg, George Washington University
- Catherine I.
Hanson, California Medical Association
- Stephanie
Kanwit, American Association of Health Plans
Moderator:
- John Wiegand, Federal Trade Commission
2nd Panel: Health Insurance:
Payor/Provider Issues
3:50 p.m. - 5:30 p.m.
What are the current trends in the marketplace?
What kinds of conduct are providers engaging in that payors
consider to be anti-competitive? What kinds of conduct are
payors engaging in that providers consider to be anti-competitive?
Do payors have monopsony power in certain geographic and
product markets? Do providers have monopoly power in certain
geographic and product markets? Do consumers benefit when
providers combine to create "countervailing power"
to payors with market power? Do the Statements of Antitrust
Enforcement Policy in Health Care, jointly issued by the
Commission and the Department of Justice, delineate a sound
approach to enforcement? Is the approach of the Statements
of Antitrust Enforcement Policy too restrictive in some
circumstances? Do other regulatory/enforcement frameworks
(e.g., state insurance laws/regulations, licensure and accreditation,
fraud and abuse laws) complement or frustrate the goals
of competition policy? Are antitrust enforcement efforts
appropriately targeted? Do enforcement decisions appropriately
take account of non-price competition, including quality,
service, and innovation?
Panelists:
Moderator:
- Mark Botti, Department of Justice
September 10, 2002
Morning Session
(9:15 a.m. - 12:00 p.m.)
Introductory Remarks
9:15 a.m. - 9:25 a.m.
- William Kovacic, Federal Trade Commission
Speaker 9: An Empirical
Perspective on Health Care Competition Policy
9:25 a.m. - 10:05 a.m.
Speaker 10: Hospital Group
Purchasing Overview
10:05 a.m. - 10:15 a.m.
3rd Panel: Hospital Group
Purchasing Organizations
10:15 a.m. - 12:00 p.m.
What are the current trends in the marketplace?
Do most hospitals participate in GPOs? What percentage of
total hospital purchasing is made through GPOs? What are
the efficiencies associated with using GPOs to handle hospital
purchasing? Is there evidence that GPOs are exercising market
power? Are there particular examples of products that are
being foreclosed from the market? How are GPOs weighing
cost against quality in their decisions? To what extent
do rebates by manufacturers influence GPO decisions? To
what extent do rebates by manufacturers foreclose competition?
In assessing the competitive effects of such rebates, are
there analogies to the slotting allowances that are paid
by food manufacturers? What is the role for competition
policy in dealing with the complaints that have been made
about GPOs? How transparent are GPOs to those who use them?
Do the Statements of Antitrust Enforcement Policy in Health
Care, jointly issued by the Commission and the Department
of Justice, delineate a sound approach to enforcement? Is
the approach of the Statements of Antitrust Enforcement
Policy too restrictive in some circumstances? Does the proposed
GPO Code of Conduct effectively address the concerns that
have been raised about GPOs? Does the proposed GPO Code
of Conduct raise concerns about concerted anti-competitive
conduct?
Panelists:
Moderator:
- Susan DeSanti, Federal Trade Commission
Lunch Break
(12:00 p.m. - 1:15 p.m.)
Afternoon Session
(1:15 p.m. - 5:15 p.m.)
Introductory Remarks
1:15 p.m. - 1:25 p.m.
- Commissioner Thomas B. Leary
Speaker 11: FTC Generic
Drug Study
1:25 p.m. - 1:40 p.m.
Speaker 12:
FDA Perspective on Generics and Branded Pharmaceuticals
1:40 p.m. - 1:50 p.m.
- Jarilyn Dupont, Food & Drug Administration
4th Panel:
Generics and Branded Pharmaceuticals
1:50 p.m. - 3:20 p.m.
What are the drivers of competition for
brandname pharmaceutical products? Have there been any significant
changes in the drivers of pharmaceutical competition in
recent years? What effect will proposed legislative changes
to Hatch-Waxman have on generic drug competition? Are there
issues appropriate for further study, beyond those already
addressed in the FTC's generic drug study? The FTC's generic
drug study collected data through 2000; are the results
of that study (particularly with regard to the 30-month
stay and 180-day marketing exclusivity provisions) representative
of conduct during 2001-2002? Are strategies other than those
identified in the FTC generic drug study emerging that impact
on generic entry into the market? Are antitrust enforcement
efforts appropriately targeted? Are there anti-competitive
practices that current enforcement efforts have not addressed?
Panelists:
- Ashoke Bhattacharjya,
Ph.D., Jensen Pharmaceuticals (Johnson & Johnson)
- Greg Glover, Ropes & Gray
- Sarah Lock, AARP
- Amanda McCloskey, Families USA
- David Reiffen, [Document2]
Treasury Department (Speaking on his own behalf)
- Bill Schultz, Generic Pharmaceutical Association
Moderator:
- Michael Kades, Federal Trade Commission
Speaker 13: FDA Perspective
on DTC Advertising and Promotion
3:20 p.m. - 3:30 p.m.
5th Panel: Advertising
and Pharmaceuticals: DTC Advertising and Promotion
3:30 p.m. - 5:00 p.m.
To what extent does direct-to-consumer
(DTC) advertising influence the cost and utilization of
pharmaceuticals? How does the role of physicians and pharmacists
affect the likely costs and benefits of advertising for
prescription drugs versus advertising for other products,
such as dietary supplements, over-the-counter drugs, and
foods? How does insurance coverage interact with the effects
of DTC advertising? What are the characteristics of pharmaceuticals
that are promoted through DTC advertising versus pharmaceuticals
that are not promoted through DTC advertising? Is there
evidence that DTC advertising is harmful or beneficial to
consumers? What consumer protection issues are raised by
DTC advertising? What is the appropriate enforcement role
for the FTC in dealing with DTC advertising?
Panelists:
Moderator:
- Thomas B. Pahl, Federal Trade Commission
Speaker 14: What Does the
Future Hold for Health Care Competition Policy?
5:00 p.m. - 5:15 p.m.
Last Updated:
Friday, September 5, 2003
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