Price Fixing Research Articles

Regional differences in reimbursement rates from Medicare, Medicaid, and FAIR Health across common procedures for neurological surgeons.

FAIR Health-a nonprofit, state-funded database-was created as an independent repository of healthcare claims paid data to address allegations of price fixing. Many insurers have forced physicians to negotiate payments based on Medicare rates, rather than utilizing FAIR Health. The authors' objective was to provide an overview of regional differences in reimbursement rates per several sample neurosurgical Current Procedural Terminology (CPT) codes and to compare Medicare, Medicaid, and usual, customary, and reasonable rates via FAIR Health rate estimates. The authors compared FAIR Health rates for three common neurosurgical CPT codes: 61510 (removal of bone from skull for removal of upper brain tumor), 22630 (fusion of lower spine bones with removal of disc, posterior approach, single interspace), and 62223 (creation of a brain fluid drainage shunt, ventriculoperitoneal, ventriculopleural, or other terminus), with Medicare and Medicaid reimbursement to evaluate differences in five different regions in the US. Medicare and Medicaid reimbursement rates were consistently and significantly lower than FAIR Health in-network rates across all three CPT codes evaluated (p < 0.001 for all). Significant regional differences exist per census data in median age, median income, employment rates, and degree of health coverage (p < 0.001, p = 0.002, p = 0.002, and p = 0.001, respectively). Reimbursement estimates were found to have regional variation: Medicare/Medicaid rates were significantly lower than FAIR Health in-network rates for all codes across regions with a region-based interaction for reimbursement for code 62223 (p = 0.020). Medicare and Medicaid rates did not significantly vary across regions. Inherent differences exist between cities and states, including median income, employment rates, and health coverage. Despite geographic cost practice indices for Medicare and state-specific production of Medicaid, Medicaid/Medicare reimbursement rates did not vary across regions but were consistently and significantly lower than FAIR Health estimates throughout the US. Locale-specific variation in FAIR Health may further indicate a better accounting of regional differences in cost of practice.

A Commentary on the Jurisdictional Challenges in the Rand- Dollar Exchange Manipulation "Cartel": Competition Commission of South Africa v Bank of America Merrill Lynch International Designated Activity Company [2023] ZACT 26 (30 March 2023)

Cartels are the most egregious of competition law transgressions, because they entail a concerted effort on the part of cartel members to deliberately distort the market through price fixing, bid rigging, market allocation and constraining the supply of goods and services. Despite efforts by national competition authorities in various countries to combat cartelism, cartels have proved to have long tentacles, often extending beyond borders and morphing into "cross-border cartels". This contribution discusses one of the major challenges that cross-border cartels poses to competition authorities, that of prosecutorial and penal jurisdiction. The note focusses on the "banking cartel" that has been and still is the subject of contentious litigation. In March 2023 the Competition Tribunal (the Tribunal) handed down judgment in the matter of the Competition Commission of South Africa v Bank of America Merrill Lynch International Designated Activity Company [2023] ZACT 26 (30 March 2023). There were several questions in the matter, including the jurisdiction of the South African competition authorities to investigate and prosecute firms not incorporated or operating in South Africa (pure peregrini). The Competition Commission (the Commission) had initiated proceedings in the Tribunal against a host of banks for alleged cartel conduct, and some of the respondent banks raised objections and exceptions relating to the jurisdiction of the South African competition authorities. The note observes that while national competition authorities may have prosecutorial jurisdiction against cross-border cartels, there is still a challenge in enforcing an order where cartels are non-resident in the country. The contribution also notes potential challenges to cartel enforcement on the African continent in light of the establishment of the African Continental Free Trade Area (AfCFTA). Due to the removal of various trade barriers, there is likely to be a rise in cross-border competition issues, including cross-border mergers and cross-border cartels. The note therefore discusses a pertinent issue, that of jurisdiction, which may well be a challenge within the AfCFTA.

Vertical price fixing uncovered using the investigative powers of the ECN + directive in the Pfanner case—a closer look at the fundamental rights dimension of the investigative powers [Germany

Vertical price fixing uncovered using the investigative powers of the ECN + directive in the <i>Pfanner</i> case—a closer look at the fundamental rights dimension of the investigative powers [Germany

Study Relationship of Under Bid Price, Contract Termination, and Risk of Regional Loss

According to the Audit Reports of BPK Representative in West Sumatera Province with title “LHP on Compliance Audit of Regional Expenditures of West Sumatera Province for Fiscal Year of 2021”, and “LHP on Financial Statements Audit of West Sumatera Province for Fiscal Year of 2021” as well as the auction data from Electronic Procurement Portal (LPSE), it is known that there were 293 construction packages with tender procurement in West Sumatera Province during Fiscal Year of 2021. Of those 293 packages, there were 81 packages has caused public budget losses and potential budget losses with total amount of Rp1.935.987.094,02, lacks of revenue with total amount of Rp9.660.218.603,31, and there were 8 packages experienced contract termination. Of those 8 packages with contract termination, 5 packages were known to be under bid price or using bid price that was too low (less than 80% of the HPS Value). Termination of the contract has resulted in the work not being utilized for the community in a timely manner, the risk of quality degression of the abandoned work until the work is resumed, and the risk of public budget losses. This research was conducted by seeing and analyzing the bid price that is too low (under bid price) which has potential impact on contract termination and the risk of public budget losses as well as the relationship between bid price fixing issues and the causes of contract termination. This needs to be done so that the contract termination can be avoided and the results of construction works can be completed and utilized immediately. This study aims to find a causal relationship between under bid price issues and contract terminations and the risk of public budget losses through the causes that influence the occurrence of contract termination, starting from the determination of HPS and under bid price, the selection process, the preparation and the implementation of the works according to timeline. From this study, it can be concluded that under bid price has a lot of influences and is a trigger for contract termination which resulted in the risk of public budget losses. There needs to be a calculation of the real bid price by considering overhead expenses, potential increases in material and wage prices, other expenses, and unexpected expenses. In addition, the parties involved in the construction works should make a risk map in order to mitigate problems which occur during the contract implementation period. This research takes the study of water resources building construction projects. Thus, further research is still needed on the occurrence of contract termination in road and bridge construction projects.

담합 사례 연구 : 철스크랩 구매가격 담합 사건에서 개별 기업의 담합 실행 여부에 대한 실증적 검증

담합 사례 연구 : 철스크랩 구매가격 담합 사건에서 개별 기업의 담합 실행 여부에 대한 실증적 검증

Why do people think price fixing is unfair? An empirical legal study on public attitudes in the USA

Abstract The present article advances the understanding of antitrust law by providing theoretical considerations and empirical results of people’s attitudes towards price fixing, specifically within the context of fairness in US antitrust laws. Attitudes were obtained through experimental surveys on Amazon Mechanical Turk in the USA between 2018 and 2021. The empirical results suggest that perceptions of fairness influence public attitudes towards price fixing. Moreover, consumer reaction to price fixing will depend on how the consumer perceives the rules of fairness underlying the competitive market mechanism and the point used to set prices (dual entitlement theory). Results indicate that perceived outcomes and consequences of market transactions influence respondents’ judgment of price fixing. For example, public attitudes will be more lenient whenever a cost-increasing event outside firms’ control affects firms’ profit. The main implication of these findings is that antitrust authorities should not take for granted that people view price fixing as unfair and therefore consider how fairness considerations play out in their approach when dealing with price-fixing cases. The suggestion is for antitrust authorities to focus corporate compliance programmes on people’s attitudes to improve compliance to prevent cartel agreements.

Pemikiran Tokoh-Tokoh Ekonomi Islam Mengenai Konsep Penetapan Harga Pasar

This journal discusses the thoughts of Islamic economic figures regarding the concept of market price determination. The figures discussed include Ibn Taymiyyah, Al-Mawardi, Abu Yusuf, Al-Ghazali, and Ibnu Khaldun. The methodology used is literature study. The results show that according to these figures, prices should be determined by market mechanisms and the interaction between demand and supply. However, under certain conditions, for example market distortion, the government is allowed to intervene in price fixing to protect public interests. In conclusion, Islamic economic figures agree that basically prices must be determined by competitive market mechanisms, but government intervention is permitted under certain conditions to protect community interests and restore market balance.

Price Fixing in Rural Rentals: Agricultural Product or Currency

Introduction: The possibility or not of setting the price of rural rentals in agricultural products, a practice prohibited, a priori, by Federal Decree No. 59,566/66, which regulated the Land Statute (Law No. 4,504/64). Contextualization/Concept: There is jurisprudential divergence regarding the nullity of the contractual clause that defines the rental price for a certain quantity of fruits or agricultural products; others, however, advocate that this form of price adjustment is perfectly valid, due to usage and customs in the agricultural environment and, also, from the perspective of objective good faith. Objective: Analyze agrarian legislation in light of the principle of Good Faith. Methodology: This scientific research, qualitative in nature, based on a bibliographic review (secondary sources), suggests a solution to the impasse. Conclusion: Among the results, the importance of applying customs and practices and objective good faith to agrarian contracts is emphasized, providing support for consolidating understanding within the scope of national courts.

CHARACTERISTICS OF INDIRECT EVIDENCE TOWARDS PRICE FIXING AGREEMENTS IN THE PERSPECTIVE OF COMPETITION LAW

In the ever-changing landscape of Indonesian business, the pursuit of profits drives actors to engage in intense competition, all regulated by the Business Competition Law. This unique legal field combines both conventional law and economics to address unfair business practices, such as agreements that manipulate prices to deceive consumers. This research focuses on the characteristics of indirect evidence utilized by the Business Competition Supervisory Commission (KPPU) when investigating cases of price-fixing. The goal is to gain a deeper understanding of the legal implications of using indirect evidence within the procedural framework of Business Competition Law in Indonesia. To achieve this, a Normative Research method is employed, utilizing a multi-faceted approach. Through case analysis, statutory examination, conceptual exploration, and comparative study, the research explores patterns, legal frameworks, theoretical concepts, and perspectives from different jurisdictions, all related to the use of indirect evidence in the context of price fixing. The results revealed that Indirect evidence, classified as clue evidence under Perkom No. 1 Of 2019, encompasses communication and economic evidence. When direct evidence is lacking, these components, including documents or electronic information, play a crucial role in proving allegations of price-fixing. The legal implications of indirect evidence in the Indonesian competition law evidentiary system highlight its widespread use in resolving cases. However, there is a legal gap that poses challenges to the admissibility of indirect evidence in court proceedings. This emphasizes the need for legal reforms to effectively accommodate the role of indirect evidence.

Diamonds, risk and insurance practices in British Africa, with an emphasis on the Gold Coast and Tanganyika

ABSTRACT The literature on diamond mining in colonial Africa has focused more on labour, production and cartel-style price fixing than on how theft threatened the wealth generated from this industry. To mediate diamond loss, companies subscribed to financial insurance. This article introduces security-as-insurance to complement the received meaning of (financial) insurance and invites scholars to see security-as-insurance, risk, and value as interlocked. Drawing on sources from Ghana, Tanzania and Kenya, this article argues that once diamonds were imbued with financial value, the distribution of this value was competed for via claims over diamondiferous lands, diamond stealing, and consequently counter-theft security practices plus trans-empire (financial) insurance intended to protect the stones against risk. Overall, this article historically traces how diamonds gained value in Africa, the competing claims over diamonds following discoveries in commercial quantities, and the insurance practices enforced to protect against losses, particularly via theft in colonial Ghana and Tanzania.

Comportamiento colusorio en el sector del automóvil en España. Cuantificación de los daños al consumidor

On July 23, 2015, the Spanish National Markets and Competition Commission (CNMC) passed judgement (S/0482/13) against 20 automotive sector companies for alleged restrictive competition practices between March 2004 and August 2013. The exchange of information among the different companies would have had repercussions on the fixing of vehicle sale prices, homogenization of conditions and future commercial plans for the automobile sale and post-sale services in Spain. This paper estimates the loss suffered by consumers as a result of these collusive practices using the Before and After method. We have reconstructed the prices that would have prevailed in the absence of the collusive practice. The analysis reveals an increase of 10.16 percent. The observation of the prices and the production of automobiles during the period exhibits an anomalous behaviour with respect to GDP evolution and prices in the economy as a whole.

Resale price maintenance: by object infringements and per se infringements – mind the gap!

On 29 June 2023, the Court of Justice of the European Union issued a preliminary judgment with respect to the status of resale price maintenance under EU competition law (Case C-211/22 Super Bock EU:C:2023:529). It clarified the notion of resale price maintenance and provided guidance as to the treatment of such conduct as a hardcore restriction and a potential by object restriction of competition under Article 101 TFEU. The purpose of this article is to assess how competition authorities and companies may use such recent case law to better understand resale price maintenance. We argue that, far from a per se infringement, the characterization of vertical price fixing as a restriction of competition ‘by object’ requires a detailed assessment of the context. In some cases (such as a risk of free riding, or protection of brand image), context may indeed cast doubt as to the alleged anticompetitive nature of such conduct.

The Norm of Rate Fixing of Islamic Banks Based on Conventional Bank Rates: Evidence from Indonesia

Interest rate fixing is a monetary tool used to control the money supply and hence inflation by the central bank. However, it cannot be applied to Islamic banks due to the prohibition of interest in Islam. This paper examines whether the central bank may implement rate fixing for Islamic banks, given that interest is forbidden, and the fixing of prices by the government is also generally prohibited, according to Hadith and the consensus of Islamic jurists. A documentation study was conducted to comprehend the viewpoints of classical and contemporary Islamic jurists and the National Shariah Board−Indonesian Ulama Council's fatwa. The analysis used Islamic law methodology (uşūl fiqh), which included combining the opinions of classical and contemporary Islamic jurists through the al-jam’u and the legal maxim approach, "al-‘ādah muhakkamah" approach to the custom practiced by Islamic banks, and the maqāşid approach. The research findings illustrate that Islamic banks have been using rates to calculate profits as the National Shariah Board−Indonesian Ulama Council accepts the notion of the time value of money, provided it is not utilized in loan transactions. This condition could enable the central bank to set the rates for Islamic banks, which is an effective tool for controlling the money supply and achieving economic stability, thus contributing to the realization of community welfare (maslahah 'ammah).

PERLINDUNGAN HUKUM BAGI KONSUMEN AKIBAT PRICE FIXING AGREEMENT PADA TARIF ANGKUTAN UDARA YANG MENYEBABKAN PERSAINGAN USAHA TIDAK SEHAT

A price fixing agreement is an agreement practice entered into by companies in the same industry to fix prices for goods/services together in the relevant market. Price fixing agreements on air freight rates have a negative impact on business competition, especially for consumers who use air transport services. This study aims to determine the form of price fixing agreement practices on air freight rates and the form of legal protection for consumers against price fixing agreements on air freight rates. This research uses normative legal research methods through literature study. The results of this study indicate that business actors who enter into price fixing agreements to increase the price of airplane tickets beyond the specified tarif limit have violated the provisions of business competition law, which can harm consumers. The legal protection provided to consumers in the form of preventive legal protection and repressive legal protection depends on the jurisdiction and the applicable legal framework.

Studi Komparasi Kebijkan Pemerintah Indonesia dengan Umar Bin Khattab dalam Penetapan Harga

The soaring price of cooking oil made the government issue a policy of fixing one price for cooking oil. However, the impact of this policy was a shortage of oil in Indonesia. The purpose of this study is to find out the similarities and differences between government policies and Umar bin Khattab's policies in price fixing and to find out the factors of government failure in implementing cooking oil HTE policies. This type of research is a descriptive qualitative research library. The results of this study indicate that there are many similarities in government policies with Umar bin Khattab in setting prices. However, there are differences in terms of the target object that will benefit, the government is more inclined towards the benefit of consumers without providing feedback to producers. The cause of the government's failure to implement the HET for cooking oil is the difference between the buying and selling system of traditional markets and modern markets, the existence of panic buying from the public, and the hoarding of cooking oil by several parties.

PRICING IN BUYING AND BUYING PLANT SEENDS IN SHARIAH ECONOMIC LAW (STUDY OF BUYING AND BUYING LIME SEEDLINGS IN NAGARI PADANG GANTING)

This journal was written because of the difference in price fixing by lime seed sellers in Nagari Padang Ganting. Where there is a difference in pricing for buyers from within Padang Ganting and buyers outside Padang Ganting. The price difference excludes postage. Based on this, the author wants to know about the pricing carried out by sellers of lime seeds. Then how does the mu'amalah fiqh perspective look at the pricing. This research was conducted in Nagari Padang Ganting. The research method used by the author is a mixed research, namely field research and library research. Field research conducted on sellers, buyers and the local community. And the library research that the writer did used various existing literature in the library that was relevant to the problem to be studied. Research materials were collected through interviews, observation, and documentation. Based on the results of the study, it can be concluded that the price fixing by sellers of lime seeds to buyers from Padang Ganting is the same as the price of one kilogram of lime for one seed. Meanwhile, the price of one seed set for buyers from outside Padang Ganting is more than the price of one kilogram of lime. So there are differences in pricing made by sellers and there are three reasons why sellers differentiate these prices. Firstly, buyers from Padang Ganting are native so prices are lowered. Second, because there is an opportunity to take excess profits from outside buyers. Third, because the seller has been doing this price difference for a long time, so it has become a habit. If seen from the concept of pricing from a mu'amalah fiqh perspective. The difference in pricing by sellers of lime seeds in Nagari Padang Ganting has not fulfilled all the principles of pricing, because there are prices that are not fair for buyers from outside compared to buyers from within Padang Ganting. Then, from a marketing point of view, it has not been fulfilled because the seller is not open in providing information about the price difference. And taking advantage of the ignorance of buyers from outside to gain additional profits, including unjust acts. Because in marketing there are four elements, namely ar-ridha, a healthy comparison of resistance, honesty, justice and openness.

EU fines drug companies for price fixing

EU fines drug companies for price fixing

Detecting resale price maintenance for competition law purposes: Proof-of-concept study using web scraped data

Computational antitrust tools can support competition authorities in the detection of antitrust infringements. However, these tools require the availability of suitable data sets in order to produce reliable results. The present proof-of-concept study focuses on the understudied area of resale price maintenance, that is, the fixing of retail prices between manufacturers and retailers. By applying web scraping to price data for washing machines in Austria from a publicly accessibly price comparison website, we compiled a comprehensive data set for a period of nearly three months. Visualised with the help of interactive dashboards, this data was then analysed using various benchmarks in order to determine whether individual washing machine manufacturers and their retailers may be engaging in resale price maintenance. We conclude that the availability of data is a strong driver for research into and the application of computational antitrust tools. If market data were publicly accessible and provided in a more structured format, researchers and competition enforcers could develop ever more refined computational antitrust applications and screens that would, ultimately, help safeguard competition in markets.

Analisis Mekanisme Penetapan Harga Jual Dalam Perspektif Prinsip-Prinsip Ekonomi Syariah (Di Toko Berkah Jl. Depati Parbo Jambi)

Price fixing is a price fixation that has been determined by the party entitled to determine the price. In setting the price, an item must be agreed upon and generally applicable. However, there are still buying and selling that contain elements of injustice between one buyer and another. There are several things that motivate the author to conduct research on the selling price setting process at the Berkah shop because it is classified as unique, to find out whether the price setting at the Berkah shop is in accordance with the perspective of the Sharia Economy. The results of the study show that the Islamic economic review in pricing at the Berkah Shop is in accordance with Islamic law, the price set is still relatively fair. With this price setting, it can meet the needs of the community, meet the needs of households, and meet the needs of the community, especially those on Jl. Depati Parbo Jambi city in the long term. Pricing at Toko Berkah can also create a sense of mutual assistance, because pricing at Toko Berkah includes an element of mutual help.

Penetapan Harga dalam Jual Beli Perspektif Fikih Muamalah (Studi Komparasi Mazhab Maliki dan Mazhab Syafii)

This research was conducted with the aim of knowing the concept of buying and selling in Islamic muamalah, and to find out the pricing according to the Syafii and Maliki schools. The type of research used in this research is descriptive qualitative. Qualitative is a type of research that takes data sources from library books (library research). The author provides a response from the view of the Maliki school, that the concept adopted by the Maliki school is a concept that is in accordance with current market developments. The Maliki School also explains that the government's role in the economy is to oversee the market so that it operates normally without market intervention. However, nowadays there is little government intervention in the economy, such as intervention in the fuel (fuel) issue. Because the shape of the market today is more complex, operationally there are slight differences. As for the Syafii school of thought, it goes back to the concept of the market at the time of the Prophet Muhammad. which the government may not intervene in price fixing in buying and selling.