The above discussion makes clear that the federal and state antitrust
laws are all encompassing in the effort to insure that the marketplace
remains competitive. Despite the sweeping nature of the law, PHDs receive a
clear immunity from coverage under the state antitrust law and a probable
immunity from federal law or, at least, an exemption from damages. In
these days of increasing cooperative ventures, it is clear that from an
antitrust perspective, a PHD will be safest when collaborating with other PHDs
or with other public entities. However, in the future, ventures with
private parties will be a necessity for many PHDs in order to continue to
provide quality health care to their communities. This topic is intended to provide
a basic understanding of antitrust law for the discussion of collaborative
ventures in Topic IV. In considering the antitrust implications of such
activities, it should be remembered that most joint ventures are perfectly
legitimate and do not raise antitrust concerns. In fact, neither federal
enforcement agency has ever challenged a health care joint venture.
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