The Federal Trade Commission has withdrawn two antitrust policy statements related to enforcement in healthcare markets:
- Statements of Antitrust Enforcement Policy in Health Care (published in August 1996)
- Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program (published October 2011)
Policy statements are non-binding and do not set legal obligations. Rather, they are issued to explain how the agencies apply competition and consumer protection laws in a range of areas.
The FTC believes that the above statements are outdated and no longer reflect market realities and withdrawing them will help promote fair competition in healthcare markets, according to a July 14 news release from the FTC.
Given the significant changes in healthcare markets over the last 30 years, the statements no longer serve their intended purpose of providing accurate guidance to market participants, according to the FTC. The commission said it will continue its enforcement by evaluating mergers and conduct on a case-by-case basis in healthcare markets that affect consumers.
The FTC's withdrawal follows the Department of Justice's decision to rescind the same statements in February. The commission's vote to rescind the statements was 3-0.