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We welcome Loyola University Chicago Professor Spencer Weber Waller, who brings his extraordinary acumen on both competition and consumer law issues to bear on healthcare markets in this week’s episode. Our discussion centers on Professor Waller’s recent essay on health care antitrust. The key issue is whether healthcare antitrust is (or should be) another example of healthcare exceptionalism, or whether transubstantive principles should govern.
Our discussion ranges from competing models of antitrust theory to remedies and enforcement and healthcare “snowflakes”–unique situations that merit exceptional treatment. The ultimate issue is whether antitrust authorities should continue to try to create markets in health care, or should accept a public utility model of regulation closer to the approach of most other advanced industrial democracies.
The Week in Health Law Podcast from Frank Pasquale and Nicolas Terry is a commuting-length discussion about some of the more thorny issues in Health Law & Policy. Subscribe at Apple Podcasts, listen at Stitcher Radio Tunein, or Podbean, or search for The Week in Health Law in your favorite podcast app. Show notes and more are at TWIHL.com. If you have comments, an idea for a show or a topic to discuss you can find us on Twitter @nicolasterry @FrankPasquale @WeekInHealthLaw.