Separate Statement of Commissioner Christine A. Varney On the Revised Health Care Guidelines

The Federal Trade Commission and the Department of Justice today issued revisions to Statements 8 and 9 of the Statements of Antitrust Enforcement Policy in Health Care ("health care guidelines"). I am writing separately for two basic reasons. First, I have been somewhat critical of the health care guidelines in the past, suggesting that they should reflect greater receptiveness to new and innovative forms of provider arrangements that do not necessarily involve financial risk sharing and suggesting factors that should be taken into account in reviewing provider arrangements that fall outside of the safety zones. I believe that the revised health care guidelines address these previous concerns. I commend the Agencies' staffs for the tremendous progress that is reflected in these guidelines. Second, the issuance of the guidelines is an iterative process, and I invite continued input from interested parties. The health care marketplace is undergoing rapid change, and it is primarily through an open dialogue with all involved in the health care industry that the Agencies can continue to provide appropriate and relevant antitrust guidance.

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