Antitrust Law in Healthcare, Sherman Act, Federal Trade Commission

Antitrust Law in Healthcare
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Antitrust Law in Healthcare
Introduction
The US has developed over the centuries in protecting the American consumers through the legislation of the anti-trust laws. This protection is in all the business areas, including the healthcare sector (Jacobson, & American Bar Association, 2007). In 1890, the Sherman Act, which is the very first law, was enacted with the sole aim of preserving the costless unfettered contention to be the trading conventions. Early 1914, the Congress voted in two additional antitrust laws, that is, the Clayton Act and the Federal Trade Commission Act, which later gave birth to the FTC Federal Trade Commission (2018). Besides, Federal Trade Commission (2018), states that for over a century, these laws have singularly aimed at keeping the benefit to the consumer by defending the process of competition through the increase in quality and lowered prices. This essay explores the antitrust laws, specifically relating their significance to the healthcare
Summary of the Laws
1. The Sherman Act
This law outlaws any conspiracy, combination or contract that restrains trade. The bill also acts against any attempt or combination of efforts to have a monopoly in business. However, important to note is that a decision by the Supreme Court allows the restraint on only the unreasonable cases. For example, two or more individuals may unreasonably have an agreement that may result in a moderation of the trade, but may not be hindered by the antitrust laws. On the contrary, some associations, for example, rigging of bids or collaborating to divide markets, are illegal because of their effect on competition in business. Therefore, any violation of the Sherman Act is treated as a criminal act, attracts prosecution by the justice department, and may draw punishments of up to 10 years in prison or fines of up to $1 million or more (Federal Trade Commission, 2018).
2. Federal Trade Commission
This act is responsible for the control against unfair competition motives as well as the unfair business practices, such as deception. Besides, the Supreme Court also considers the misdemeanor of the Sherman Act an infringement of the FTC. Therefore, the FTC can also report cases that involve the Sherman Act to the courts. Lastly, the FTC law may not necessarily fit into the conduct category of the Sherman is an Act, but is responsible for many other classes that harm business competition more (Federal Trade Commission, 2018).
3. The Clayton Act
Because the Sherman Act remains unclear on some prohibited business practices, the Clayton Act comes in to address specific methods, such as the interlocking of directories and mergers. In the seventh section of this Act, the prohibition of mergers that have a substantial effect on lessening business competition or monopoly creation is outlined. This act also bans practices such as the discrimination of services, prices and business allowances. Lastly, this Act allows the private business practitioners to litigate for the impairments caused in the event of any malice that violates the o...