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The study by a group of Yale economists found that while there were more than 1,100 hospital mergers from 2002 to 2020, the Federal Trade Commission took action against just 13 of them, or about 1%. But if regulators had used the standard screening tools designed to flag deals likely to lessen competition and boost prices, 20% of the transactions – 238 deals – should have been flagged for review.
“Much of the underenforcement likely results from insufficient funding for the antitrust enforcement agencies,” the researchers concluded. In some cases where the FTC may want to intervene, the researchers added, federal action is blocked by state Certificates of Public Advantage that give hospitals a green light to combine.
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