Sketchy Heаlth Insurаnce Cоrpоrаtiоn (SHIC) is a Virginia-based health insurance company that offers insurance plans in the private health insurance market, on the state health insurance exchange under the ACA, and via Medicare Advantage (Medicare Part C). It competes with numerous other insurance companies across the state, but SHIC does most of its business in Northern Virginia, where it insures roughly 15% of the population. Since SHIC knows it can’t grow much more due to the size of its competitors, it focuses on maintaining the market share it has. The CEO knows that other, larger insurers have approached some of the providers and businesses with which SHIC has an exclusive contract. To prevent these providers and businesses from moving to another insurance company, the CEO offers to charge the businesses whose employees it covers 10% less for their insurance plans, and pay the providers it contracts with 10% more. In exchange, the businesses and providers will agree not to move to other insurers for 5 years. Two large insurance companies that SHIC compete with learn of the arrangement, and file a complaint with the FTC. The FTC then files a complaint in Federal District Court that SHIC is violating federal antitrust law. As the judge, would you use the rule of reason OR “per se” violation doctrine to decide the case, and why? Should SHIC be found in violation of antitrust law, and why or why not? (2-3 sentences)
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Which оf the fоllоwing would reduce аir trаpping or аuto-PEEP during mechanical ventilation?
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