Competitor’s Veto: State Certificate of Need Laws Violate State Prohibitions on Monopolies | Regulatory Transparency Project

CON laws, after all, violate a host of constitutional provisions, including the anti-monopoly clauses found in several state constitutions. Enabling existing providers to use the law to bar others from entering an industry or offering a service is the very definition of a government-created monopoly. Few state courts have so far directly addressed whether CON laws violate state anti-monopoly clauses, but several have noted that they are inherently anticompetitive. Although this paper discusses how CON laws are designed to function in precisely the way prohibited by state constitutions.

Source: Competitor’s Veto: State Certificate of Need Laws Violate State Prohibitions on Monopolies | Regulatory Transparency Project

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