Event Information

IU School of Law – Indianapolis, Hall Center for Law and Health,
and the American Antitrust Institute
Present:
Competition Policy in Health Care in an Era of Reform

• Roundtable discussion/CLE
• 2.0 Hours of Indiana CLE

On December 10 at 3 p.m., the IU School of Law – Indianapolis and the Hall Center for Law and Health, together with the Washington, D.C.-based American Antitrust Institute, are putting on a roundtable discussion dealing with the future of antitrust enforcement in light of the reality of changes in the health care landscape. This is the first such event dealing with this important topic being held anywhere in the country.

We will begin with an overview of the state of health care reform as of December 10. The event will then cover four broad topics. First will be the impact of then-extant health care reform proposals on the health insurance industry. The second topic on the agenda is the impact of health care reform on competition among health care providers. Third, we will discuss the impact of health care reform on consumers of health care. Our fourth and final topic for the gathering will be to outline a possible antitrust enforcement agenda for healthcare for 2010 and beyond.

Discussants will include law professors, economists, think-tank fellows, authors, and professionals and practitioners in the health-care industry. Discussants will have gathered prior to the public panel discussion to brainstorm on the issues being discussed. An edited transcript of the panel discussion will be published in the Indiana Health Law Review.

Scheduled speakers

• Mr. Albert Foer, President, American Antitrust Institute
• Professor William Comanor, UCLA
• Professor Ted Frech, UC Santa Barbara
• Professor Thomas Greaney, St. Louis University College of Law
• Professor Barak Richman, Duke University School of Law
• Mr. David Balto, Senior Fellow, Center for American Progress
• Mr. Paul London, Author, The Competition Solution
• Professor Chris Sagers, Cleveland-Marshall College of Law
• Professor John Connor, Purdue University
• Professor David Orentlicher, IU School of Law – Indianapolis
• Professor Emily Morris, IU School of Law – Indianapolis
• Professor Max Huffman, IU School of Law – Indianapolis
• Adjunct Professor Syd Arak, IU School of Law – Indianapolis
• Ms. Gayle Reindl, Attorney, Taft, Stettinius & Hollister LLP

Speaker Bios:

Mr. Albert Foer, President, American Antitrust Institute: Mr. Foer’s career has included private law practice in Washington, DC (Hogan & Hartson, Jackson & Campbell); the Federal Senior Executive Service (as Assistant Director and Acting Deputy Director of the Federal Trade Commission's Bureau of Competition); CEO of a mid-sized chain of retail jewelry stores for twelve years; trade association and non-profit leadership; and teaching antitrust to undergraduate and graduate business school students. Foer has published numerous articles, book chapters, and reviews relating to competition policy and was editor of The Next Antitrust Agenda. He is a graduate of the University of Chicago Law School, with an A.B. (magna cum laude) from Brandeis University, and an M.A. in political science from Washington University.

Professor William Comanor, UCLA: William S. Comanor is Professor of Health Services and also Professor of Economics at the University of California, Santa Barbara. At UCLA, he is Director of the Research Program on Pharmaceutical Economics and Policy and also organizes a Seminar by the same name. Dr. Comanor received his Ph.D. in Economics from Harvard University in 1964. Since completing his dissertation on "The Economics of Research and Development in the Pharmaceutical Industry," that subject has been one of his primary interests. He has written and lectured on various topics in this area, and founded the Research Program he now directs. From 1991 through 1993, he served on the Advisory Panel of a Federal Government Study on Pharmaceutical Research and Development, and from 1978 through 1980 was Chief Economist and Director of the Bureau of Economics at the U.S. Federal Trade Commission in Washington.

Professor Ted Frech (H.E. Frech III) is Professor of Economics at the University of California, Santa Barbara, where he is past Chairman. He is an Adjunct Scholar at the American Enterprise Institute. He has been a visiting professor at Harvard and at the University of Chicago and an adjunct professor at Sciences Po de Paris. Professor Frech has published numerous articles and written or edited several books on many topics—much of it in health economics. He has given lectures in North America, Australia and Europe. Professor Frech has served as an economic consultant and expert witness for various parties. He has testified in federal and state court, federal and state regulatory bodies, state legislatures and the U.S. Senate. Professor Frech holds a B.S. in Industrial Engineering from the University of Missouri, and a Ph.D. in Economics from the University of California Los Angeles.

Professor Thomas (Tim) Greaney, St. Louis University College of Law: Professor Greaney is Chester A. Myers Professor of Law and Director of the Center for Health Law Studies at Saint Louis University School of Law. He is co-author of the nation’s leading health law casebook, Health Law: Cases, Materials and Problems (6th edition); and a treatise and hornbook on health law, all published by Thomson/West. Professor Greaney was named as Jay Healy Health Law Professor of the Year by the American Society of Law, Medicine and Ethics in 2007. Before joining the Saint Louis University faculty, he served as Assistant Chief of the Department of Justice, Antitrust Division, supervising health care antitrust litigation. He has consulted on health law issues for the FTC, several State Attorneys General and the Missouri State Insurance Commissioner. He has also been a Fulbright Fellow studying European Community competition law in Brussels, Belgium; and has been a visiting scholar at Universite Paris Dauphine, Paris, France, Seton Hall University, and the University of Minnesota. Professor Greaney received his B.A magna cum laude from Wesleyan University and his J.D. from Harvard Law School.

Professor Barak Richman is Professor of Law and Business Administration at Duke University, and his research interests include the economics of contracting, new institutional economics, antitrust, and healthcare policy. His current work uses organizational theory to understand trading networks in New York's diamond industry and how non-medical interventions can inform health policy. His recent work includes publications in the Virginia Law Review, Law and Social Inquiry, and Health Affairs, a co-edited symposium volume of Law and Contemporary Problems with Clark Havighurst entitled "Who Pays? Who Benefits? Distributional Issues in Health Care," and representing the NFL Coaches Association in an amicus brief before the U.S. Supreme Court.

Mr. David Balto, Senior Fellow, Center for American Progress: David Balto is a Senior Fellow at American Progress focusing on competition policy, intellectual property law, and health care. He has over 20 years of experience as an antitrust attorney in the private sector, the Antitrust Division of the Department of Justice, and the Federal Trade Commission. He is nationally known for his expertise in competition policy in high-tech industries, semiconductors, health care, pharmaceuticals, medical devices, media, and financial services. From 1995 to 2001 he was the policy director of the Bureau of Competition of the Federal Trade Commission and attorney advisor to Chairman Robert Pitofsky. In these leadership roles Mr. Balto was a senior advisor in developing competition policy and identifying key enforcement initiatives. He helped draft guidelines involving intellectual property, joint ventures, and health care. Mr. Balto has authored more than 60 articles about competition policy focusing on intellectual property, health care, pharmaceuticals, financial services, and mergers. He regularly testifies before Congress, state legislatures, the FTC, and DOJ.

Mr. Paul London, Author, The Competition Solution: Paul A. London is the President of Paul A. London and Associates, an economic consulting firm. He served as deputy under secretary of commerce for economics and statistics in the Clinton administration from 1993 to 1997, where because of his interest in the economics of health care reform he represented Commerce on the Interagency “Privacy Task Force” . He wrote The Competition Solution while a visiting fellow at the American Enterprise Institute from May 2000 to May 2003. The Italian translation was published by Universita Bocconi Editore, in June 2006 and was cited repeatedly in the Italian parliament in the debate about opening that economy to competition. He is the author of many articles in the area of political economy in The New York Times, The Washington Post, Newsday, The New Republic, Public Utilities Quarterly, and other journals.

Professor Chris Sagers, Cleveland-Marshall College of Law: Chris Sagers teaches antitrust and administrative law at Cleveland State University in Cleveland, Ohio. Before joining the faculty, Professor Sagers practiced law for five years in Washington, D.C., first at Arnold & Porter and then at Shea & Gardner. At both firms he was involved in large-scale litigation and public policy matters touching on any number of substantive areas, but with a concentration on commercial affairs. He is a member of the American Law Institute, an Advisory Board member of the American Antitrust Institute, and has served in various volunteer capacities for the Section of Antitrust Law of the American Bar Association. Professor Sagers received degrees in law and public policy from the University of Michigan.

Professor John Connor, Purdue University: Professor Connor's research focuses on empirical studies of industrial organization and public policies that promote competition. He teaches graduate courses in the economics of food marketing, price analysis, and industrial organization. In the past ten years, his writing and speaking has specialized in international price fixing and antitrust law enforcement. Professor Connor received, with others, the American Agricultural Economics Association's Distinguished Policy Contribution Award in 1980, the Quality of Communication Award in 1985, and the Distinguished Extension Program Award in 1993. In 2002 he was the sole recipient of the AAEA’s Quality of Communication Award, which was granted for his book Global Price Fixing. This book was also awarded the Cohen Award for the best antitrust publication of 2003. A second edition was released in 2006 and a paperback edition in 2008.

Professor David Orentlicher, IU School of Law – Indianapolis: Dr. Orentlicher is the Samuel R. Rosen Professor of Law and Co-director of the William S. and Christine S. Hall Center for Law and Health at IU School of Law – Indianapolis. He is also an adjunct professor of medicine at Indiana University School of Medicine. Before coming to IU, he served as director of the Division of Medical Ethics at the American Medical Association. In that capacity, he led the drafting of the AMA’s first patients’ bill of rights, guidelines for physician investment in health care facilities that were incorporated into federal law, and guidelines on gifts to physicians from industry that have become the industry standard and a standard recognized by the federal government. He helped develop many other positions—on end-of-life matters, organ transplantation, and reproductive issues—that have been cited by courts and government agencies in their decision-making. He also held adjunct appointments at the University of Chicago Law School and Northwestern University Medical School. He has held a number of distinguished visiting professorships and has published Matters of Life and Death with Princeton University Press, and is co-author of the casebook Health Care Law and Ethics, now in its 7th edition. He also has written widely in leading legal and medical journals on critical issues in medical ethics, including end-of-life decisions, new reproductive technologies, and organ transplantation, as well as on affirmative action and other questions in constitutional law. As a member of the Indiana House of Representatives from November 2002 to November 2008, he authored legislation to make health care insurance more affordable, increase the pool of venture capital for new businesses, and ensure better protection of children from abuse and neglect.

Professor Emily Morris, IU School of Law – Indianapolis: Emily Michiko Morris is an Associate Professor of Law and Dean’s Fellow. She came to IU during the summer of 2008. She teaches patent law, copyright law, and intellectual property survey courses. Before joining the Indiana University faculty, Professor Morris was a visiting associate professor at Chicago-Kent College of Law, where she taught both Patent Law and Patent Litigation. She earned her A.B. (magna cum laude) from Harvard University and her J.D. from the University of Michigan Law School (magna cum laude), where she was an articles editor on the Michigan Law Review. She also served as an adjunct assistant professor and Humphrey Fellow in Law and Economic Policy at the John M. Olin Center for Law and Economics, University of Michigan Law School. Professor Morris’s research and teaching interests include patent law, health law and bioethics, Japanese law, and law and economic analysis. Her current work focuses on economic analysis of various patent law issues, including the effects of patent claim construction and scope on incentives and innovation. She is the co-author with Mark D. West of “ The Tragedy of the Condominiums: Legal Responses to Collective Action Problems after the Kobe Earthquake,” 51 Am. J. Comp. L . 903 (2003), which received the Hessel Yntema Prize from the American Society of Comparative Law.

Professor Max Huffman, IU School of Law – Indianapolis: Max Huffman is an Associate Professor of Law and Dean’s Fellow. He joined the faculty in 2008 after teaching at the law colleges at the University of Cincinnati and West Virginia University. He teaches antitrust, bankruptcy, and other consumer and commercial law subjects. His scholarly interests lie primarily in the areas of competition and consumer law. Professor Huffman has published scholarship on those topics in law journals at the University of Pennsylvania, University of Texas, Southern Methodist University, University of Houston, and University of Cincinnati. He has also written shorter articles and opinion pieces published by the trade and news presses.

Adjunct Professor Syd Arak, IU School of Law – Indianapolis: Mr. Arak is an adjunct professor of law teaching Health Care Antitrust. He earned his law degree from Columbia University in 1971 and is the former General Counsel of Methodist Hospital in Indianapolis and the former chair of the health care practice group of Barnes & Thornburg LLP.

Ms. Gayle Reindl, '87, partner, Taft, Stettinius & Hollister LLP: Ms. Reindl is a partner in the Litigation practice group at Taft, Stettinius & Hollister LLP, and provides antitrust, business and commercial litigation services for plaintiffs and defendants. Gayle has been an antitrust litigator for almost twenty years and has worked on more than a dozen antitrust cases. She successfully defended Microsoft Corporation in two "tag-along" cases filed in Indiana state courts. See Berghausen v. Microsoft Corp . (Ind. Ct. App. 2002). Some of her other antitrust cases include Sanderson v. Culligan International Co. (7th Cir. 2005); Gateway Contracting Services, LLC v. Sagamore Health Network, Inc. (S.D. Ind. March 20, 2002); Denny's Marina , Inc. v. Renfro Productions, Inc. (7th Cir. 1993); and Banks v. NCAA , (7th Cir. 1992).

Mr. John C. Render, '71, partner, Hall Render, Killian, Heath & Lyman P.C.:

Mr. Clifton Johnson, partner, Hall, Render, Killian, Heath & Lyman P.C.: Mr. Johnson concentrates his practice in the areas of antitrust and managed care law. He has served as antitrust counsel for hospital mergers, physician practice acquisitions and provider networks, defended providers in government antitrust investigations, and advised hospitals, physicians, PHOs, and trade associations on antitrust compliance matters. Mr. Johnson has also negotiated scores of managed care contracts for providers and represented providers in resolving disputes with managed care plans through negotiation and arbitration.

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