Health Care -- SLP -- Term Paper

Realistically this compliance and assistance should be sought and used before, during and after negotiations with other health care organizations with which this organization might merge or enter a joint venture. Furthermore, the proposed contract itself should be passed by the FTC's Office of the General Counsel or its designee for approval before final ratification of the contract.

3. Conclusion

In order to merge and operate in a joint venture acceptable to the FTC, the organization must be mindful of Title 15 of the U.S. Code, specifically Section 7 of the Clayton Act, 15 U.S.C. § 18, Sections 1 and 2 of the Sherman Act, 15 U.S.C. § 1, 2, and Section 5 of the Federal Trade Commission Act. In addition, due to the FTC's recent special interest in the mergers/joint ventures of health care organizations, particularly but not solely in connection with price fixing, the organization should assume that the FTC will take special interest in any merger/joint venture achieved by this organization. Ultimately, due to the complexity of the laws and the FTC's special interest in health care organizations, this merger/joint venture should be approached with competent and experienced legal counsel, complying with the FTC's "Horizontal Merger Guidelines" and transparently seeking the assistance of the Office of the General Counsel or its designee before, during and after negotiations with another organization with merger/joint venture in mind.

Works Cited

Cornell University Law School. (n.d.). Legal Information Institute - 15 U.S.C. Section 1. Retrieved on March 19, 2013 from www.law.cornell.edu Web site: http://www.law.cornell.edu/uscode/text/15/1

Cornell University Law School. (n.d.). Legal Information Institute - 15 USC Section 2. Retrieved on March 19, 2013 from www.law.cornell.edu Web site: http://www.law.cornell.edu/uscode/text/15/2

Cornell University Law School. (n.d.). Legal Information Institute - USC: Title 15: Commerce and Trade. Retrieved on March 19, 2013 from www.law.cornell.edu Web site: http://www.law.cornell.edu/uscode/text/15

Federal Reserve. (2008, June). Consumer compliance handbook - Federal Trade Commission Act - Section 5. Retrieved on March 19, 2013 from www.federalreserve.gov Web site: http://www.federalreserve.gov/boarddocs/supmanual/cch/ftca.pdf

Federal Trade Commission. (2009, February 3). In the Matter of Independent Physician Associates Medical Group, Inc., doing business as AllCare IPA, a California corporation. Retrieved on March 19, 2013 from www.ftc.gov Web site: http://www.ftc.gov/os/caselist/0610258/index.shtm

Federal Trade Commission. (2010, August 19). Horizontal merger guidelines. Retrieved on March 19, 2013 from www.ftc.gov Web site: http://www.ftc.gov/os/2010/08/100819hmg.pdf

Federal Trade Commission. (2012, June 14). FTC Office of the General Counsel. Retrieved on March 19, 2013 from www.ftc.gov Web site: http://www.ftc.gov/ogc/index.shtml

Murray, a. (2002, April 30). FTC cracks down on antitrust issue in health-care area. Retrieved on March 19, 2013 from search.proquest.com Web site: http://search.proquest.com/docview/398833686/13CEDD1B42D13B8D53A/1?accountid=28844

Wysocki, Jr., B. (2002, November 7). FTC chief pledges antitrust vigilance in health sector. Retrieved on March 19, 2013 from search.proquest.com Web site: http://search.proquest.com/docview/398814241/13CEDD5ED90737B0EF7/1?accountid=28844