for-profit) has been problematic in many health merger circumstances. Ergo, in HCA, the brand new 7th Circuit detailed one to regardless of if “various other possession structures you’ll reduce the odds of collusion, . it possibility try conjectural,” which “use of nonprofit means cannot alter human instinct.” 156 Furthermore, in the College Fitness, brand new Eleventh Routine seen you to definitely “the latest Ultimate Courtroom has actually rejected the notion one to nonprofit organizations work less than like a different sort of set of bonuses compared to-earnings companies they are eligible to an enthusiastic implicit exclusion away from brand new antitrust laws.” 157 Finally, for the Rockford, this new 7th Circuit constant and elaborated the updates one organization function are irrelevant to help you an excellent merger data:
The relevant question having antitrust study is not whether nonprofit healthcare facilities work in a sense identical out of to own-earnings institutions, but instead whether they perform exploit merger-composed market power in ways damaging to users. 159 Recently, specific process of law have asserted that institutional form is always to amount – and you may ideal you to nonprofit hospitals, even in the event it and get markets fuel, does not spoil battle or users.