In a Law360 article titled “How Views On Healthcare Price Transparency Are Changing,” Matthew List discusses how regulators’ views on price transparency in healthcare have evolved over the past two decades.
Previously in a series of policy letters, Federal Trade Commission staff expressed concerns that transparency could lead to coordinated behavior and higher prices. However, these letters have since been withdrawn by the FTC and recent regulations require hospitals and health plans to disclose detailed pricing information, based on studies suggesting that transparency can actually drive prices down.
This shift leaves antitrust practitioners debating whether transparency increases the risk of collusion or promotes competition.
