Initial Hearing Scheduled for
February 26, 2003
The Federal Trade Commission and the Antitrust Division of the Department of
Justice today announced that their joint hearings on "Health Care and Competition Law
and Policy" will begin with three days of hearings on February 26-28, 2003. The
hearings on February 26, 2003 will provide an introduction to basic questions about how
competition works, or should work to reduce costs and increase quality in health care
markets. The hearings on February 27, 2003 will provide an array of perspectives on the
health care marketplace and competition law and policy. The hearings on February 28, 2003
will detail market conditions in two health care markets, Boston, MA, and Little Rock, AR,
to provide a frame of reference for the balance of the hearings.
The February 2003 hearings will be held in Washington, D.C. at the Federal Trade
Commission building at 601 New Jersey Avenue, N.W. The general public and press are
invited to attend. Seating will be on a first-come, first-served basis. Written comments
from interested parties may be submitted to the FTC. Further details, including the
identities of specific witnesses for the February 2003 hearings, will be released at a
later date.
The February 2003 hearings mark the beginning of an extended examination by the Federal
Trade Commission and the Department of Justice of the state of the health care marketplace
and the role of competition, antitrust enforcement, and consumer protection in satisfying
consumer preferences for high-quality, cost-effective health care. The hearings were first
announced by FTC Chairman Timothy J. Muris on November 7, 2002, during his keynote address
at the 7th Annual Competition in Health Care Forum, held in Chicago, Illinois.
Specific topics that will be covered in subsequent months include hospital mergers,
consolidation among health care providers and insurers, the significance of non-profit
status, vertical integration among health care providers, monopsony power, quality of
care, the boundaries of the state action and Noerr-Pennington doctrines, the
adequacy of existing remedies for anticompetitive conduct, and how the Commission could
best fulfill its consumer protection mandate with regard to the performance of the health
care financing and delivery markets. Further details on subsequent hearings will be
released shortly.
FTC and DOJ anticipate holding three to five days of hearings per month between March
2003 and October 2003, exclusive of August 2003. The agencies anticipate that the hearings
will culminate with the preparation of a comprehensive joint report.
Information about the Health Care hearings is available at