As a predictor of post-merger price competition, “willingness to pay” is a potentially powerful tool that federal antitrust agencies are increasingly relying on when assessing proposed hospital mergers. The agencies’ increasing reliance on the technique means that a thorough understanding of it is essential for attorneys involved in hospital merger transactions.
Patients v. Hospitals: Why define markets at all if every market satisfies the SSNIP Test?
Hospital merger cases are won or lost on geographic market definition. The Third Circuit’s recent finding that it is appropriate to define geographic markets...