HealthLawProf Blog

Editor: Katharine Van Tassel
Case Western Reserve University School of Law

Tuesday, April 16, 2024

A Competition Perspective on Physician Non-compete Agreements

Daniel J. Gilman (International Center for Law & Economics), A Competition Perspective on Physician Non-compete Agreements (Inquiry: J. of Health Care Org., Provision, and Fin. (forthcoming 2024):

Physician non-compete agreements may have significant competitive implications, but they are treated variously under the law on a state-by-state basis. Reviewing the relevant law and the economic literature cannot identify with confidence the net effects of such agreements on either physicians or health care delivery with any generality. In addition to identifying future research projects to inform policy, it is argued that the antitrust “rule of reason” provides a useful framework with which to evaluate such agreements in specific health care markets and, potentially, to address those agreements most likely to do significant damage to health care competition and consumer welfare.

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