H.R. 1304 Bypasses NLRB Oversight Mechanisms

H.R. 1304, the Quality Health Care Coalition Act of 1999, would permit physicians and pharmacists to engage in price-fixing, boycotts and market allocation agreements that will increase their fees and force consumers to pay more for health care.

H.R. 1304 goes beyond existing labor antitrust exemption by giving non-employee, competing physicians all of the advantages of collective negotiation without any of the safeguards imposed by the National Labor Relations Act (NLRA) and with no regulatory oversight by the National Labor Relations Board (NLRB) or any other appropriate agency, such as the FTC or DOJ.

"There is no justification to accord special status to health care professionals under the antitrust laws, differentiating them from other professionals and independent contractors such as architects, engineers or lawyers. It would be both unwise and harmful to consumers to grant them a special exemption."

Joel Klein

Assistant Attorney General

Antitrust Division, DOJ

Statement Before U.S. House Judiciary Committee

June 22, 1999