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When Providers Merge, is Kaiser a Competitor?

BY | May 7, 2019

By Douglas Ross, James Harlan Corning, David Maas & Douglas Litvack Although a federal district court twenty years ago included Kaiser hospitals as market participants when considering a merger of…

By Douglas Ross, James Harlan Corning, David Maas & Douglas Litvack

Although a federal district court twenty years ago included Kaiser hospitals as market participants when considering a merger of two non-Kaiser hospitals, the courts have not considered the matter again. But the issue remains a live one: in two recent enforcement actions, California and Washington have argued that Kaiser providers do not compete with non-Kaiser providers because commercial payers cannot substitute Kaiser pr

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