Summarize antitrust legislation pertinent to maintaining free enterprise

Subject: Law / General Law
Competition and Antitrust Unit Learning Outcomes ULO # 3. Summarize antitrust legislation pertinent to maintaining free enterprise and a competitive marketplace in healthcare (CLO6). ULO # 4. Examine theories related to issues of reduced market competition when evaluating a healthcare organization conduct (CLO6). Pozgar, G. D. (2016). Legal aspects of health care administration. (3rd ed. ). Burlington, MA: Jones & Bartlett Learning. Introduction Carefully read Hospital Corporation of America v. Federal Trade Commission, 807 F. 2d 1381 (7th Cir. 1986), an antitrust case, in which the Hospital Corporation of America (HCA), the largest proprietary hospital chain in the United States, petitioned the court to set aside the decision by the Federal Trade Commission (FTC) that it violated section 7 of the Clayton Act, as amended, 15 U.S.C. § 18, by the acquisition of two corporations, Hospital Affiliates International, Inc. and Health Care Corporation in the Chattanooga area in 1981 and 1982, for $700 million. Sources: (Links to an external site.) (Links to an external site.) (Links to an external site.) Directions The students are expected to summarize the facts of the case (what happened that led to the lawsuit and how it progressed through the courts) and prepare a case brief using the IRAC method. IRAC (Issue, Rule, Analysis, and Conclusion) is an acronym for a method for summarizing legal opinions. The “Issue” is the question or problem that the court was addressing (this should be in a form of a question). The “Rule” is the rule or legal principle announced by the court’s holding. The “Analysis” is a brief summary of the court’s reasoning behind the ruling. This may include references to particular laws, policy implications, or other court cases. Finally, the “Conclusion” addresses the applicability of the holding to similar cases. Did the court limit the holding to certain facts or situations? Did the analysis leave room for change or were parameters clearly defined so that the rule is limited in application? The students are expected to carefully read the assignment instructions, then thoroughly and explicitly address each component of the case summary and brief. The responses should reflect higher level cognitive processing (analysis, synthesis, and evaluation), which is essential for someone being prepared to serve in an operational capacity within the healthcare and related industry. The submission will not exceed two (2) pages in length, excluding the title and the reference list pages. The document must adhere to the APA writing style. Finally, the document should be prepared as a Microsoft Word document and uploaded under the correct unit assignment page.

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