Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Tuesday, May 18, 2010

Antitrust Treatment of Nonprofits: Should Hospitals Receive Special Care?

Posted by D. Daniel Sokol

Cory S. Capps, Bates White, LLC, Guy David, University of Pennsylvania - Wharton, and Dennis W. Carlton, University of Chicago - Booth School of Business, ask Antitrust Treatment of Nonprofits: Should Hospitals Receive Special Care?

ABSTRACT: Nonprofit hospitals receive favorable tax treatment in exchange for providing socially beneficial activities. Extending this rationale suggests that nonprofit hospital mergers should be evaluated differently than mergers of for-profit hospitals because suppression of competition may also allow nonprofits to cross-subsidize care for the poor. Using detailed California data, we find no evidence that nonprofit hospitals are more likely than for-profit hospitals to provide more charity care or offer unprofitable services in response to an increase in market power. Therefore, we find no empirical justification for different antitrust standards for nonprofit hospitals, as some courts have suggested.

http://lawprofessors.typepad.com/antitrustprof_blog/2010/05/antitrust-treatment-of-nonprofits-should-hospitals-receive-special-care.html

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