What's Wrong in Massachusetts: The Attorney General's Proposed Settlement Involving Partners Healthcare's Recent Hospital Acquisitions
The Attorney General of Massachusetts has entered into a proposed settlement in two antitrust cases allowing Partners Healthcare to acquire hospitals and physician practices in Massachusetts. Several studies indicate that Partners, the dominant hospital system in the state, has exercised its market power to charge higher rates than other hospitals after adjusting for quality, demographics and other variables. The proposed settlement imposes various "conduct remedies" including limitations on future acquisitions, a cap on increases in hospital and physician prices, and a requirement that Partners negotiate separately for certain components of its system. The settlement is controversial as critics have claimed it will not dampen Partners' market power and may lead to even higher prices in the state.
Professor Greaney is Chester A. Myers Professor of Law and Director of the Center for Health Law Studies at Saint Louis University School of Law. He is co-author of the nation’s leading health law casebook, HEALTH LAW: CASES, MATERIALS AND PROBLEMS (7th edition) and a Treatise and Hornbook on health law, the new edition of which will be published in 2014. He has published over 60 articles and chapters concerning antitrust law, health care financing, and health care law and policy and has testified on these issues before the Judiciary Committee of the House of Representatives and Federal Trade Commission. Before joining the Saint Louis University faculty, he served as an Assistant Chief in the Department of Justice Antitrust Division, supervising health care antitrust litigation. He has also been a Fulbright Fellow studying European Community competition law in Brussels, Belgium; and has been a visiting scholar at Université Paris Dauphine, Paris, France, Seton Hall University, and the University of Minnesota. Professor Greaney was named as Jay Healy Health Law Professor of the Year by the American Society of Law, Medicine and Ethics in 2007. Professor Greaney received his B.A magna cum laude from Wesleyan University and his J.D. from Harvard Law School.