Competition and Consolidation in Healthcare

 

In this episode, we sit down with one of the most influential figures in government today: Federal Trade Commission Chair Lina Khan. As the youngest FTC chair to ever be appointed, during her tenure the FTC has pushed to ban non-compete agreements, filed lawsuits against healthcare companies engaging in anti-competitive practices, and strengthened the Health Breach Notification Rule (HBNR) to protect sensitive health data. 

We cover:

  • The FTC's role in healthcare and how it compares to other sectors

  • The impact of consolidation and vertical integration in the healthcare industry

  • The agency's efforts to combat rising drug prices, including the recent actions against major PBMs

  • The controversial "Orange Book" patent challenges and their implications for drug innovation

  • The nationwide ban on non-compete agreements and its potential effects on doctors

  • Khan's vision for the future of competition law and its application to healthcare

About our guest:

Lina M. Khan is Chair of the Federal Trade Commission, which enforces the nation’s antitrust and consumer protection laws. Khan got her start in antitrust as a business reporter and researcher examining consolidation across markets, from airlines to chicken farming. Since joining the FTC, Khan has focused on exercising the full suite of the FTC’s statutory authorities, regularly engaging with and hearing from the public, and ensuring the agency is updating its tools and skillsets to tackle new market realities and next-generation challenges. Priority initiatives have included a proposed rule to ban noncompete clauses, scrutinizing dominant middlemen across sectors, protecting people’s sensitive data from unchecked surveillance, and fighting for Americans’ right to access affordable, high-quality healthcare.

Prior to joining the FTC, Khan served as counsel to the U.S. House Judiciary Committee’s Subcommittee on Antitrust, Commercial, and Administrative Law. She was also an associate professor at Columbia Law School. Khan is a graduate of Williams College and Yale Law School.

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