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Feb. 25, 2011, was a watershed date for the Obama administration’s antitrust efforts. On that day, the Department of Justice, Antitrust Division, filed its first case under Section 2 of the Sherman Act—the antitrust statute that prevents exclusionary actions that result in the maintenance of a monopoly or which would likely result in the achievement of a monopoly. However, the most important takeaway from this case, titled United States v. United Regional Health Care System, is that it reveals the standard under which the Obama administration will adjudge (1) the manner in which it will measure the market power of health care entities and (2) whether prices offered by hospitals to insurance plans for their array of services are predatory.1

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