Examining the Authority of California's Attorney General in Health Care Mergers

Abstract

State antitrust enforcement can provide a robust alternative to federal antitrust enforcement agencies. However, as described below, current constraints limit the ability of California’s attorney general (AG) both to pursue all possible antitrust violations in California and to address the escalating scope and negative impacts of health care industry consolidation. As a result, some policymakers have begun considering expanding the AG’s oversight of health care mergers. This report examines the California AG’s existing merger oversight authority, compares that to the authority held by other state AGs, and then offers a series of considerations for policymakers interested in ensuring that California’s health care markets operate in a more consumer-friendly manner.