Healthcare, Quality Concerns and Competition Law: A Systematic Approach

Antitrust / Competition Law › Medical Law › Antitrust & Competition

Healthcare, Quality Concerns and Competition Law: A Systematic Approach

Edited by Theodosia StavroulakiGonzaga University USA · Tamara HerveyCity University of London UK · Therese Murphy
Hart Publishing July 2024

Specifications

ISBN-13
9781509943388
Publisher
Hart Publishing
Publication
July 2024
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

Market driven healthcare is massively divisive. Opponents argue that a competition approach to medical treatment negatively impacts on quality, while advocates point to increased efficiencies. This book casts a critical eye over both positions to show that the concerns over quality are in fact real. Taking a two part approach, it unveils the fault lines along which healthcare provision and the pursuit of quality would in certain cases clash. It then shows how competition authorities can only effectively assess competition concerns when they ask the fundamental question of how the concept of healthcare quality should be defined and factored into their decisions. Drawing on UK, US and EU examples, it explores antitrust and merger cases in hospital, medical and health insurance markets to give an accurate depiction of the reality and challenges of regulating competition in healthcare provision.

Table of Contents

1. Setting the Scene: What is Healthcare Quality?
I. How is Healthcare Quality Defined
II. Deconstructing the Notion: What are the Main Dimensions of Healthcare Quality?
III. Choosing the Core Dimensions of Healthcare Quality: Why is it Essential?
IV. Levels of Analysis in the Concept of Quality
V. How is Healthcare Quality Measured?
VI. Structure, Process and Outcome: When to Use What?
VII. Summing Up

2. Introducing Competition in Healthcare: What are the Risks to Healthcare Quality?
I. Towards the Marketisation of EU Health Systems: What is the Rationale Behind this Trend?
II. Is the Market for Healthcare Special?
III. Applying Competition Law with a View to Protecting Healthcare Quality: What are the Challenges?
IV. Summing Up

3. The Market Approach: Part I
I. Professionalism versus Antitrust: What is the Debate About?
II. Do the US Antitrust Enforcers and the Courts Take into Account Healthcare Quality?
III. Do the US Antitrust Enforcers and the Courts Balance Conflicts Between Different Quality Perspectives?
IV. Summing Up

4. The Market Approach: Part II
I. How are Hospitals Paid? A Historical Perspective
II. Hospital Merger Analysis: A Short Journey to the Applicable Competition Framework
III. Quality in the US Hospital Merger Analysis
IV. Incorporating Healthcare Quality Claims into a Merger Analysis: A Mission Impossible?
V. Summing Up

5. The Holistic Approach
I. Health Systems in Europe: What are their Common Values and Objectives?
II. Conflicts between the Goals of Competition and the Multiple Facets of Healthcare Quality: Reflections on the English Health System
III. Protecting Healthcare Quality under EU Competition Law
IV. How can Healthcare Quality be Evaluated as a Whole?
V. Summing Up

6. The Regulatory Approach
I. An Introduction to the Main Facets of the HSCA 2012: How Does this Framework Force Hospitals to Merge?
II. How and to What Extent Does the CMA Integrate Quality Concerns in the Context of NHS Mergers?
III. Evaluating the CMA's Approach as a Whole: What are the Aspects of Quality the CMA Considers in its Merger Assessment?
IV. Summing Up

7. Reflections
I. The Book's Core Findings
II. Integrating Healthcare Quality as a Whole: Mission Impossible?
III. Looking Towards the Future: Antitrust in the Era of Data Driven Mergers in the Healthcare Field
HKD 542.10 −3%
HKD 558.87

Inclusive of HK delivery

Ready to ship
Delivery Time: around 4-5 weeks
Extra 10 working days if shipping address outside Hong Kong
  • Free HK shipping over HK$1,000
  • International shipping to 35+ countries
Order Form
Save

Recommended

You may also be interested in these books:

More titles from Antitrust & Competition

View all
Research Handbook on Sustainability and Competition Law
Edward Elgar Publishing

Research Handbook on Sustainability and Competition Law

Julian Nowag
HKD 3,303.82
Legal and Geopolitical Complexity in the Arctic: The Impact of Global Crises on Regional Competition
Routledge

Legal and Geopolitical Complexity in the Arctic: The Impact of Global Crises on Regional Competition

Tiziana Melchiorre
HKD 2,168.79
The Conceptual Structure of EU Competition Law: Restrictive Agreements
Edward Elgar Publishing

The Conceptual Structure of EU Competition Law: Restrictive Agreements

Csongor István Nagy
HKD 1,349.27
The Evolving Governance of EU Competition Law in a Time of Disruptions: A Constitutional Perspective
Hart Publishing

The Evolving Governance of EU Competition Law in a Time of Disruptions: A Constitutional Perspective

Carlo Maria Colombo; Kathryn Wright; Mariolina Eliantonio
HKD 567.32
Digital Finance and Regulatory Competition: Regulating Distributed Ledger Technology-Based Financial Products and Services
Kluwer Law International

Digital Finance and Regulatory Competition: Regulating Distributed Ledger Technology-Based Financial Products and Services

Lucien J. van Romburg
HKD 1,151.03
Competition Law, 11th Edition
Oxford University Press

Competition Law, 11th Edition

Richard Whish; David Bailey
HKD 706.03